Wage Disputes
Wage Disputes may involve:
Unpaid Wages, including Vacation Days
Every worker in California must be paid according to certain provisions within the
California Labor Code. Most hourly employees regardless of profession must be paid at least twice a month. If you were terminated you were owed all of your unpaid wages at that time, including accrued vacation/PTO and overtime wages. Even if you quit, you must have been paid all of the wages that were owed to you within 72 hours of quitting. Some professions have different rules that may apply to you, such as farming, irrigation and other professions.
If you are terminated, your employer is obligated to pay you any accrued vacation pay or paid time off (PTO). You are entitled to receive this on your final paycheck.
In addition, it is unlawful for an employer to require an employee to “waive” or
“release” the wages that are due and owing at the time of termination.
Overtime and/or Double-Time Claims
Most California employees are entitled to overtime pay if they work more than 8 hours in a day or more than 40 hours per week, and for the first eight hours of work on the seventh consecutive day of work. Employers must also double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday, and for all hours
worked in excess of eight on the seventh consecutive day of work in a workweek.
Late, Interrupted or Missed Meal Periods or Rest Breaks
In California, your employer is obligated to provide you with at least a 30 minute meal period before the beginning of your 6th hour of work. This meal period must occur timely, be free from interruption, and you must be free to leave your work place during this period. If you work more than 10 hours in a row, you may be entitled to a second meal break.
You are also entitled to 2 ten-minute rest periods every 4 hours and the same rules apply—you must be free to leave during this time and be ensured that your break is not cut short or interrupted. Rest breaks can also not be “tacked on” to meal breaks—they must be given separately.
Failure to Reimburse Business Expenses
Certain jobs require you to expend monies of your own during your job. If your employer required you to purchase your own tools, supplies, uniforms, use your own cell phone for work purposes, required you to drive your own vehicle to perform your job, or purchase anything for use on or during your job, you may be entitled to reimbursement of those expenses.
Unlawful Paycheck Deductions
Certain pay check deductions are lawful, such as tax withholdings, Medicare and Social Security contributions, but certain deductions are unlawful. If your employer deducted certain items from your earned wages for things such as money missing from a cash register, certain commissions earned, lost or missing company supplies, or expenses
made by the company on your behalf, or other deduction not permitted by law, you
may have a claim for unlawful deduction of your wages.
Off-the-Clock work that was not compensated
If you work for your employer before you have clocked in or out, or during a meal
period or rest break, you may be entitled to pay for off-the-clock work. Some other
examples of working off the clock include drive time in between appointments,
attending training or other work meetings outside of your normal work hours, having to wait to clock in or out for any reason, perhaps due to long lines or bag checks, or waiting for your employer to allow you to clock in after you have arrived timely to work. If you are not being paid for any of this time, you may be entitled to additional wages.