Wage Claim Law
The state of California has labor laws that are very favorable to the average worker. Many of these laws deal with wages, overtime pay, and meal/rest breaks. Unfortunately, most people are uneducated on some of the finer points of these labor laws, which greedy employers will exploit for their personal profit. As such, many people may have a valid wage claim against their employer and not even know it.
All employees are either classified as exempt from overtime pay or non-exempt. People that are exempt from overtime are usually upper-management types. These people often have hiring/firing power, and often have to exercise independent discretion and judgment in carrying out their job duties. On the other hand, non-exempt employees often spend most of their day performing standardized tasks and standard operating procedures. Many tricky employers will often give an employee a management job title and classify them as exempt from overtime pay even though this same employee spends more than half of their day perform non-exempt job duties. If you spend more than half of your work day performing non-exempt job duties but are classified as exempt from overtime, you may need a wage claim attorney in San Diego because you have a valid claim.
Many employers also exploit their employees by having them work “off the clock.” If you have to show up to work and perform job tasks before you clock in, or have to perform job tasks after you clock out, your employer is liable to you for that time spent working. All time spent working after 8 hours in any workday is entitled to an overtime rate of 1.5 times your regular rate of pay. Employers that fail to honor their employee’s overtime rate of pay may be subject to wage claims from their employees.
Another area that employers exploit are meal and/or rest breaks. All employees are entitled to a 10 minute rest break for every 4 hours worked, and a 30 minute meal break for every 6 hours worked in any full work day. If the employer fails to provide these breaks, the aggrieved employee may have a wage claim in San Diego equal to one hour’s worth of pay at their regular rate of pay for each violation. The California Labor code and its accompanying wage and hour laws can be overwhelming. If you feel your employer has committed wage violations against you, contact Steven Brian Davis for a free case evaluation.
Call The Law Offices Of Steven Brian Davis today: (858) 451-1004
