Wage and Hour Violations
The California Labor Code affords a significant number of protections, safeguards, and rights to California Employees. Below is an introduction to some of the most common wage and hour claims employees may bring against their employers under the Labor Code.
Failure to Pay All Wages Upon Separation
Defendants were required to compensate it’s employees for all hours worked upon reporting for work at the appointed time stated by the employer pursuant to Industrial Welfare Commission Order 4-2001, California Code of Regulations, Title 8, § 11040. When Plaintiff’s employment with Defendant ended in or around July 24, 2013, Defendants were obligated to provide him with all earned wages as required by the foregoing Wage Order and Labor Code § 202.
Defendants have willfully refused to pay Plaintiff his wages and still continues to refuse to pay Plaintiff’s wages as required by Labor Code Section 203. As a result of said violations, Plaintiff is entitled to Labor Code Section 203 penalties, equaling to thirty (30) days wages.
Failure to Pay Minimum Wages
Other than some employees who are exempt from the minimum wage law, any individual paid below the minimum wage is entitled to damages for unpaid minimum wages.
Learn more about minimum wage [here].
For a history of the California minimum wage click [here].
Failure to Pay Overtime Wages
The Labor Code requires employers to pay employees an overtime premium. The overtime premium is calculated at one and one-half (1 ½) times the regular rate of pay for hours worked in excess of forty (40) hours per week and over eight (8) hours per day, or the first eight hours on the seventh consecutive workday.
Additionally, double time compensation is required for all hours worked in excess of twelve (12) hours per day, or any work performed after the eighth hour on the seventh consecutive workday.
Read more about overtime laws [here].
Accurate Itemized Wage Statements
The Labor Code requires employers to, semi-monthly or at the time of each payment of wages, furnish each employee with a statement itemizing, the total hours worked by the employee.
If an employer knowingly and intentionally fails to provide such a statement, then the employee is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial violation and one hundred dollars ($100) for each subsequent violation, up to four thousand dollars ($4,000).
Meal and Rest Breaks
The Labor Code gives non-exempt employees the right to take rest and meal breaks. Under the code an employee is entitled to take a ten-minute, paid rest break for every four hours worked. Additionally, employees are entitled to a thirty-minute, unpaid meal break for every five hours worked.