Unpaid Overtime, Commissions & Other Wage Disputes
It’s more than just your paycheck! “Wage law” not only deals with payment of wages, but also receipt of other benefits and payments. Adams Law pursues claims under the California Labor Code to protect employees who have issues related to:
- Missed Lunches or Breaks
- Missed Rest Periods
- Working “Off the Clock” “Reporting Pay” and “On Call” Time
- Unpaid or Improperly Calculated Overtime
- Uniform or Tool Fees
- Expense Reimbursements
- Vacation Pay
- Commissions and Bonuses
- Misclassification as Exempt (“Salaried Employees”)
- Misclassification as an “Independent Contractor”
Missed Lunches or Breaks
California employees are entitled to a 30 minute meal break if they work in excess of five hours during a workday. To qualify as a lawful meal break, employees must be relieved of all duties.
A “working lunch” does not satisfy the law. If an employer fails to give a proper meal break, the employee can recover one hour of pay at their regular rate of pay for each day they are not provided a proper rest period or lunch break.
There are, of course, exceptions to the rules regarding California meal break laws. For example, a bona fide “exempt” employee is not subject to this rule. If the work day is less than six hours, the employee can agree to waive the time period. Under the California labor law for meal breaks, in the health care industry an employee can agree, in writing, to waive this meal period. Further, union member employees working under a collective bargaining agreement may not be subject to the rules regarding meal periods.
In some cases, an “on duty” meal break can be provided, but only when the nature of the job prevents the employee from being relieved of all duties and if there is a written agreement between the employer and employee. The written agreement is valid only if it is signed and if it states that the employee is free to revoke the agreement at any time.
Missed Rest Periods
California labor law requires that employees get rest breaks if they work over three and a half hours a day. These mandatory breaks must be in the middle of each work period and must be 10 minutes for every four hours worked or fraction thereof. Rest breaks are considered “work” and are therefore paid time. If an employer fails to provide an employee a rest period, the employee can recover one hour of pay for each work day that the rest period is not provided under the California rest period
