A California labor law attorney has revealed the four most common mistakes that employers make in violation of California overtime laws. Although California labor laws for breaks and lunches are clear, nevertheless employers tend to overlook something as simple as giving their employees a meal or rest break. While this is only one of our top three violations, it is often the most overlooked.
1.The most predominant Employer mistake or violation appears to be the failure to properly classify managers and supervisors as exempt or non-exempt from overtime. Employers tend to believe that just giving the employee the title of manager or supervisor will suffice when it comes to classifying such employees as exempt from overtime. If improper classifications are made, a California labor law attorney may eventually come knocking and if he/she does, it could be expensive. The fact of the matter is that under California overtime laws, the job duties an employee performs and how much they perform these duties determines whether that employee is exempt from overtime or not.
2.Another common (and somewhat overtime pay related) violation is providing comp time in violation of California overtime laws. Comp time occurs when an employer requires an employee to work additional hours beyond their standard shift without paying overtime. The Employer then allows the employee to come in the next day a few hours late as ?compensation.? This is unlawful if this act entails depriving the employee of California overtime pay based on the daily overtime regulation.
3.As briefly mentioned above, another common violation is failure to abide by California labor laws for breaks and lunches. Each employee that is non exempt is entitled to a 30 minute uninterrupted lunch break after 5 hours of work, and a 10 minute break after 3.5 hours of work. In the event such California labor laws for breaks and lunches are not adhered to, the employee is then entitled to one hour of pay for a missed meal or break period (limit one hour per day regardless of number of breaks missed in a day) and the statute can go back as far as four years for recovery! Failure to provide a meal or break period could have a far reaching complication for employers who pay only minimum wage, and could cause employees to fall below the California minimum wage level. This could expose the employer to serious and expensive penalties as well. Employers are required to provide meals and to protect themselves, should attempt to not only require that the breaks are taken timely, but require that a record be kept to show compliance with California labor laws for breaks and lunches.
4.The fourth most common violation that a California labor law attorney may discover is the failure of employers to pay for expenses incurred by Under California Labor Code 2802. Employers are required to reimburse employees for expenses they incur in the discharge of their duties. It is clear that California overtime laws are not only strict, but so are many other California labor laws designed to protect the California employee. Some common expenses that are to be reimbursed are: non commuting mileage, cell phone expense, internet expense, and office supplies. Many employers take for granted that failure to reimburse these expenses exposes them to possible California class actions as well as individual lawsuits.
It is suggested that you take the time to educate yourself about California labor laws as they relate to those areas in your unique workplace. If you are unsure about interpreting certain California overtime laws, and you feel there may be an employer infraction or ?mistake?, it is recommended that you find a California labor law attorney and seek the proper legal advice and counsel. Often employer violations are simply the result of ignorance and/or a lack of understanding of California labor laws. While that is a reason, it is not an excuse and does not permit any employer to be exempt from diligently applying the regulations enforced by the California Labor Board.
Before discussing the California overtime law, it's important to know who is eligible to receive overtime. There are two types of employees: ?exempt? and ?non-exempt?. Exempt employees are often referred to as salaried employees and non- exempt employees are often referred to as hourly employees. However, an employee may be salaried and still be considered non-exempt and entitled to overtime. Exempt employees are treated exactly as the term sounds; exempt from overtime pay. Non-exempt employees are not exempt from receiving overtime pay. In other words, non-exempt employees are eligible to receive overtime unless the employee is misclassified or the employee is otherwise exempt under a California wage order. For more information on the guidelines for classifying employees as exempt or non-exempt, you should contact the California Department of Labor or a California labor law attorney. Not classifying employees properly is illegal and can be a costly mistake for employers out of compliance.
In general, California overtime law dictates that the non exempt employee is entitled to time and a half pay or 1.5 times their regular wage for each hour the employee works past 8 hours in a day or 40 hours in a week. The California overtime law also states that the non exempt employee is due double time pay or twice the amount of their regular hourly wage for every hour past 12 hours in a day. Where as federal overtime laws only require additional compensation past 40 hours in a week, California overtime laws differ in this regard.
California employers will often choose to follow federal law as opposed to California overtime law, and in doing so they sometime unknowingly cheat their employees from daily overtime that is due to them. But the most common violation of California overtime law is frequently referred to as misclassification. This occurs when the employer misclassifies the employee as exempt from overtime when in fact, their actual job duties are that of a non-exempt employee and are actually entitled to California overtime pay. California labor laws are very specific about what mandates an exempt employee classification.
Other common violations that might require the assistance of or the California Department of Labor would be if the employee's time sheet is altered in anyway and does not truly reflect the time worked, or if unlawful deductions have been made from the employee's wages. Some common examples of unauthorized wage deductions are unintentional breakage of employer property (glassware, tools, etc) or cash shortages identified at the end of a shift.
Lastly, the employee's rights are violated if they do not receive the proper rest periods and meal breaks. This means that if the employee is going to work more than 6 hours in a day, the employee is entitled to a half hour uninterrupted meal break within every 5 hour period worked and a 10 minute break within every 4 hours worked. Sending the employee home a half hour early or clocking them in a half hour before they have begun working, to avoid giving the employee a break during the day, is a direct violation of the employee's rights. If you find yourself in this situation, or in a similar circumstance, it may be prudent to contact a California labor law attorney for a more informed opinion of your potential wage claim.
California overtime laws are in place to protect the California workforce. If an employee has had their rights violated in any of the ways discussed above, the employee may very well be entitled to overtime pay and should seek the assistance of California labor law attorneys or the California Department of Labor. The biggest difference between the California Department of Labor and California labor law attorneys is that a California labor law attorney can go back up to 4 years to recover unpaid overtime. The California Department of Labor typically will only recover wages from the last 3 years of employment. Often employees will worry that legal costs may be an issue when making this type of choice. However, there are a large number of qualified California labor law attorneys that offer their services on a contingency fee basis. Either way is shouldn't cost you anything to claim what is rightfully yours.
Article Source :
Mansi Gupta has sinced written about articles on various topics from Tax, Business and Finance and Vacation. Lars Vheltzer is a freelance journalist who will suggest when employees may be best served by retaining a . He comments on. Mansi Gupta's top article generates over 90500 views. to your Favourites.