Wage and Hour and Overtime Disputes
Common Violations of California Labor Law
You may have certain employee rights that have been violated by your employer that you may not even be aware of. Here are just a few of the labor code violations made by employers that may entitle you to compensation:
- Not receiving overtime for working over 8 hours in a day and over 40 hours in a week;
- Not receiving time and a 1/2 for each hour of overtime worked;
- Being required to work "off the clock"
- If not strictly on commission, not receiving overtime pay if you work over 40 hours in a week or on a piece-work basis;
- Working over 8 hours in a day without overtime even if you are paid a salary and do not fall into an "exempt" category;
- Not receiving overtime if you are an inside telephone sales person;
- Not receiving a 10 minute rest break for every 4 hours of work;
- Not receiving a 30 minute meal break where you can leave the employers place of business and are free of all duties;
- Not receiving the 2009 mileage reimbursement rate adopted by the California Labor Commissioner of .55 Cents per mile if you use your own vehicle for business and your employer reimburses you for mileage?
- Not receiving reimbursement for work-related expenses;
- Not receiving a payroll check that is immediately cashable but instead requires you to incur fees or costs in obtaining your wages;
- Not being reimbursed for company uniforms with their name on it that you are required to purchase and wear;
- Being required/forced to pay for any company losses such as breakage or accidents;
- Not receiving a paycheck voucher that fails to indicate all hours worked;
- Not receiving all wages due you upon termination, including any accrued and vested vacation or PTO time;
- Being classified as an "independent contractor" when you have or had little or no control over the details of your work;
- Not being paid minimum wage; or having the minimum wage paid to you returned to the Employer;
- Having your wages garnished or deducted from your check without your agreement for losses purportedly incurred by your employer;
- Not being paid for travel time and prep time when such is required for the job;
- Being sent home early from work without payment for at least a half days work;
- Being misclassified as a "manager" for purposes of being denied overtime pay;