Wage and Hour Claims
California and Federal laws impose laws and regulations related to the hours worked and pay earned by employees in California. Generally, these laws cannot be changed by a private agreement between the employer and employee.
Common wage and hour issues that frequently arise in California include:
- Failure to pay for all time that the employer knows was worked (even de minimus time must be paid);
- Failure to provide timely meal and rest breaks (generally non-exempt employees must receive a 30-minute, uninterrupted, off-duty meal break for every 5 hours of work and a 10-minute rest period for every 4 hours of work);
- Failure to pay out accrued and unused vacation hours upon termination;
- Failure to timely pay all final wages upon termination;
- Inaccurate or incomplete wage statements;
- Miscalculation of the overtime rate of pay, resulting in underpayment of overtime;
- Employee Misclassification;
- Bonus plan issues.