ARE YOU BEING PAID FOR ALL HOURS AND TIME YOUR EMPLOYER EXPECTS YOU TO WORK? ARE YOU BEING PAID FOR OVERTIME? If not, you have UNPAID WAGES, which the Labor Code, and other employment laws protect you and provide you with the right to collect these back wages, without retaliation from the employer. The law requires an employer to pay you for ALL time you actually work, even at home or in transit in some cases. VERY IMPORTANTLY, your employer cannot get around these rules just by making you a SALARIED WORKER! There are rules which define when an employer can designate someone as a salaried worker and not have to pay them overtime. If a business breaks this rule they owe you all unpaid back wages!
Even if an employer calls you management or salaried this does not necessarily mean you are not entitled to overtime pay. Moreover, you CANNOT BE FIRED OR TERMINATED for seeking payment of these unpaid wages, or for consulting with a lawyer to determine your rights.
Are you a victim of wrongful termination? California’s Employment Laws are very clear, you may be entitled to compensation if you have been unlawfully terminated, or forced to resign or quit. The following are just some examples of the reasons for an unjust firing:
- Race
- Sexual Orientation
- National Origin
- Sex (Gender)
- Religion
- Discrimination
- Taking medical, pregnancy, or family leave
- DEMANDING YOU RECEIVE THE STATE MANDATED BREAKS AND/OR UNPAID WAGE
- Political Affiliation
- Refusing to commit illegal acts
- Serving on Jury Duty
- Complaining about unsafe working conditions
- Complaining about sexual harassment at the work place
- Filing a Workers’ Compensation claim
- Retaliation
- Whistleblowing
Is your employer withholding or delaying your paycheck(s)? Have you been denied a paycheck because of a dispute or disagreement with your employer? Were you denied or delayed receipt of your final paycheck because of any of the foregoing? California law states that if you are fired the company must pay you in full, immediately at the time of termination. There is also a very specific time within which you must be given you final paycheck even if you resign or quit!
California’s Employment Laws prohibit employers with five or more employees from discriminating against employees because of their race, national origin, age, religion, disability, marital status, medical condition, sexual orientation, or gender. Also, your employer cannot discriminate against you because you are pregnant.
Are you getting fair time breaks and wages? Most employers must pay you overtime (1 1/2 times your normal wage for every hour or fraction of an hour you work past eight hours a day or more than 40 hours in one week, and double time for every hour worked more than 12 hours in a day). Also, most employees are entitled to receive a paid 10-minute breakafter every four hours and an unpaid 30-minute lunch break or meal break after every five hours of work.
Is your employer refusing to accommodate your disability? Your employer may be required to give you reasonable accommodations. California Employment laws state your employer may have to accommodate your disability if you have a physical or mental impairment that limits one or more major life activities.
Have you filed a claim with Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC) yet? Most people are unaware that a formal discrimination complaint must be filed with either the DFEH or EEOC before a lawsuit can be filed. While this claim is a necessary step, it can be a deadly one because the content of the claim could possibly limit what you are able to recover from a lawsuit. YOU SHOULD ALWAYS CONSULT AN ATTORNEY BEFORE FILING A COMPLAINT WITH THE EEOC, DFEH, OR ANY GOVERNMENT AGENCY. You may contact our office for a FREE CONSULTATION to make sure you are able to recover the maximum amount possible and to secure your rights under the law. AN EMPLOYER OR BUSINESS WHO FAILS TO OBEY THESE LABOR WAGE AND HOUR LAWS CAN BE MADE TO NOT ONLY PAY YOUR WAGES, BUT PENALTIES AND ATTORNEY’S FEES. A Stockton employment attorney can be extremely helpful in resolving your case.