wage & hour

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California law protects employees in a number of ways. Unless exempt, California employees are entitled to be paid on time and, under certain circumstances, time and a half and double time pay. Nonexempt employees are also entitled to meal and rest breaks. The exemptions that limit these benefits are narrowly construed. That means, unless employees plainly and unmistakably fit within an exemption, they should receive these benefits. With the right representation, California laws can help workers get paid for overtime, missed meal periods and missed rest periods. These laws are commonly referred to as wage & hour laws.

The term "wage & hour" comes from the US Department of Labor's Wage and Hour Division. This division's mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the Nation's workforce. In California, we have the Department of Industrial Relations. It was established to improve working conditions for California's wage earners, and to advance opportunities for profitable employment in California. The result is that California employees get the benefit of having the protections of both federal and state laws.

leading types of wage & hour class actions

  • whether an employer impermissibly requires employees to work off-the-clock without pay.
  • whether an employer pays employees different rates for doing the same work based on unlawful discriminatory practices.
  • whether an employer's pay plan meets California legal requirements.
  • whether paid time off is compensated as vested.
  • whether an employer properly reimburses its employees for business expenses, including applicable mileage under California Labor Code section 2802.
  • whether differential payments for overtime violates the law.
  • whether an employer impermissibly rounds down to the nearest hour when calculating hours worked.
  • whether an employee is misclassified as exemption and denied overtime, meal periods, and rest periods. See Harris v. Superior Court, 53 Cal. 4th 170 (2011).

For more information on the protections under federal law,
click here.

For more information on the protections under California law,
click here.