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Wage and Hour Claims Archives

A deeper look into denied overtime

We have given various examples of employee rights violations, but wage violations can be especially tough for many workers. Whether someone is living from one paycheck to another and struggling to make ends meet or a hard-working employee cannot pay the child support they owe, each worker's situation is different. Unfortunately, many workers are taken advantage of and in this post, we will analyze some of the ways in which denied overtime occurs.

Is my employer required to give me breaks?

Employers in California are required by law to give their employees breaks, the quantity and length determined by the number of hours they are on duty. These laws apply to nonexempt employees only. If workers are not being given these breaks, the employer is required to compensate them monetarily.

Can a California employer legally pay less than minimum wage?

After being hired by a California employer, they inform you that you will not be paid the state's minimum wage of $11.00 per hour for the first few weeks of your employment while you undergo training and on-boarding. Your first response may be dismay, and your second response may be to instinctively say that it is illegal. But is it actually illegal? Are there ever any circumstances where an employer may pay you less than minimum wage and still be compliant with state and federal labor law?

Are "use it or lose it" vacation time policies legal?

You have had a busy year with your California employer, and did not use all of your vacation time. Perhaps you simply did not have time, or perhaps you chose to save up your vacation time to use to take a more extended vacation later. But the end of the year is approaching, and your employer has informed you that if you do not use your vacation time now you may lose it once the year rolls over. Is your employer legally allowed to cancel out your unused vacation time at the end of the year?

How do California's overtime laws differ from federal FLSA?

You may be familiar with the U.S. Fair Labor Standards Act, or FLSA. This act governs what qualifies as fair employment with regards to wages, overtime, and many other criteria. However, did you know that California law regarding overtime differs from FLSA in a number of significant ways? This may impact you and how your wages are calculated.

Are teenagers' part time jobs considered child labor?

It can be embarrassing to admit, but there is a certain relief when your teenage child gets his or her part time job. Part time jobs not only provide teenagers with their own source of income so that they no longer drain so much of their parents' funds, but teach them maturity, responsibility and appreciation for the work you do - while getting them out from underfoot during some of the most frustrating developmental years of their lives. But if your teenage child works full time, are their employers practicing illegal child labor under California law?

Pros and cons of a higher minimum wage

Workers in California will see an increase in their hourly wage come January 1st. The first state to approve a minimum hourly wage of $15, the state is steadily increasing the rate annually, and everyone, with some exceptions, will be paid this amount as of January 2023. Although employees are happy about this, there are arguments on both sides as to whether a higher wage is beneficial for everyone.

How California wildfires affect seasonal workers

The wildfires that have spread through California have had a big affect on seasonal workers in the area. Not only has their income been affected over the last couple of weeks, but some of their employers have sustained major damage that may limit future employment. While some seasonal employees are protected by state and federal laws, undocumented workers do not have these same protections, and this may have a major influence on the businesses that depend on these workers.

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201 N. Calle Cesar Chavez
Suite 105
Santa Barbara, CA 93103

Phone: 805-699-5968
Phone: 805-845-0864
Fax: 805-845-0965
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