We all strive for a work-life balance, but depending on the demands of your job, that balance can get disrupted from time to time. Some days it can seem manageable, but there are those days where you are bringing work home or skipping lunch breaks to keep up. If this is happening to you, we hope you are being compensated accordingly. Are you getting paid for overtime? Are you missing meal or rest breaks? If you’re not being properly compensated your employer is violating wage and hour laws in California. The Carter Law Firm team has taken action against many of the biggest employers for this misconduct. Here are some common wage and hour violations:
Meal Period Violations
You should never feel “lucky” to have received a lunch break. It is not a luxury, but a requirement after you work a certain number of hours. If you work more than 5 hours in a workday, you are entitled to a 30-minute meal break according to California Law. Click on our link – three telltale signs that you are not being properly compensated at work – if you are unsure.
Rest Period Violations
Are you always on call during your rest periods? Similar to the Meal Period Violations, it is required by law that you receive breaks after working a certain number of hours. If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break. If you work over 10 hours, you are entitled to a third rest break.
Are your business expenses reimbursed by your employer? If you have had to make business-related purchases or suffered personal expenses to fulfill your required duties, you should be getting reimbursed. We’ve heard many instances where employers have refused to issue reimbursements for such things as cellular phones and uniforms used for employment duties. Employers must reimburse their employees for expenses paid by the employee in order to conduct their required duties.
Off The Clock Violations
It’s common for professionals like factory line workers or refinery workers to change into and out of their work clothes or gear before and after a shift. This “donning and doffing” can be time-consuming. So, you should get compensated for that time, right? The California law agrees. If you haven’t been, this may be an off the clock violation and may be compensable time. If you’re not sure, check out our blog, Donning and Doffing: Getting Paid to Gear Up For Work, for more information.
Pay Stub Violations
How closely are you looking at your pay stub? Many mistakes on pay stubs go unnoticed because more often than not, we are just taking a quick glance. However, California law requires specific information on each and every pay stub, and sometimes that information is missing. More importantly, this could result in lost wages on your end. The law is quite clear – omissions or errors on any pay stubs are statutory violations. If you aren’t sure what should be on your paystub, here is a list.
If you’re consistently working more than 40 hours a week and think you may be entitled to unpaid overtime pay, you should talk to a labor lawyer. Many salaried employees are incorrectly classified as exempt from overtime pay. There are many exceptions to the common and often incorrect belief that if you are salaried you are exempt. If you have any doubt as to whether or not you should receive overtime pay, you should contact us.
Has your employer made any of these violations? Are you unsure where you stand with some of these? The Carter Law Firm can help you determine whether an employer is in violation so you can receive proper compensation. Fill out the attached confidential form, and we will reach out to schedule a complimentary consultation.