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Unpaid Overtime

Generally, unless exempt, if an employee works more than 8 hours in one day or 40 hours in one week, the employee is entitled to overtime compensation. California Labor Code section 510 provides that subject to certain stated exceptions: Eight hours… Read More

Rest and Meal Period Violations

California law requires employers to provide employees with a 30-minute, duty-free, meal period if an employee works more than 5 hours. If the employee works 6 hours or less, the meal period may be waived by mutual agreement between the employer and… Read More

Illegal Deductions from Wages

Employers may only deduct certain, specified, amounts, such as taxes or insurance, from wages. The employee must agree to these deductions in writing. An employer cannot make unauthorized deductions from wages. Unlawful deductions could include deduc… Read More

Inadequate Mileage Reimbursement

California law requires employers to reimburse employees for expenses incurred to do their job. These expenses include, but are not limited to, mileage reimbursement for miles driven. Although many employers provide some mileage reimbursement, th… Read More

Inadequate Reimbursement for Other Expenses

The laws in California governing an employer’s duty to reimburse employees for job related expenses apply to all types of expenses incurred. For example, if an employer requires employees to use their personal cell phone for work, employees are… Read More

Off the Clock Time Worked, Including for Bag Searches

A recent practice of employers that may give rise to additional compensation owed by employers to employees, particularly in the retail context, is the practice of requiring employees to submit to bag searches whenever they leave the stores. Generall… Read More

Payment of Wages at Termination

Given the importance of wages, there are several rules with which employers must comply. If an employer terminates an employee, all wages owed are due immediately on termination: meaning the day of termination. If an employee decides to leave the emp… Read More

Discrimination and Harassment

California Government Code, section 12940, provides that it is an unlawful employment practice for employers “because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, gen… Read More

Wrongful Termination

Termination based on protected characteristics of the employee, such as those set forth in California Government Code, section 12940, is not allowed. If such a wrongful termination occurs, employees have the right to bring an action in court to recov… Read More

Failure to Provide Accurate Wage Statements

Employers must provide employees with accurate wage statements. The wage statements must depict the following: gross wages earned total hours worked by the employee the number of piece-rate units earned and any applicable piece rate if the employee… Read More

Method of Payment of Wages

When an employer pays wages, the method of payment must be in a manner that allows the employee to access all of the wages. While payment may be either by check or direct deposit, the employer cannot mandate a particular method of payment. It is the… Read More

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