Employee Wage Claims

Under the California Labor Code, employees are entitled daily to a net 10-minute break for every four hours worked. If employees are not permitted to take a break, they are entitled to be paid one-hour wages for each day without a break.

Employees are entitled to a meal break for at least 30 minutes if they work more than five hours. The employee must be relieved of all work duty during the meal period. If the employee is not given a lunch break, the employer must pay one-hour wages for each day without a lunch break. Allowing an employee to eat while on the job does not constitute a proper meal period as the employee is not relieved of all work duty during the meal period and is a violation of the Labor Code.

California does not permit employers to maintain a use-it or lose-it vacation policy. Once an employee's right to vacation is vested, it is considered an earned wage and cannot be lost. Like all other wages, it must be paid at the time of termination. Employer’s can, however, have a vacation policy that prevents the accrual of new vacation time upon reaching a maximum number of days of accrued vacation. In practical application this has the same effect as a use-it or lose-it vacation policy. However, it is the type of policy that matters in California and not the ultimate effect. Hence, the wording of the policy will determine if the policy is valid or invalid.

Many employers seek to classify employees as exempt so as to avoid overtime pay. However, there are very specific situations in which an employee is considered exempt from overtime pay. Just because an employee is paid on a salary, rather than hourly, does not automatically make the employee exempt from overtime pay.

If a worker is not an exempt employee and works overtime, the employee is entitled to overtime pay. This is true even if the employer claims to require written approval of overtime in advance. If overtime is worked, the employer must pay for that work.

An employee who is terminated by his or her employer is entitled to be paid at the time of termination. The final pay, including all unused and accrued vacation time, must be paid within 24 hours of termination, without offsets. If an employee quits, the employer must pay the employee within 72 hours. If wages are not paid as required, the employer is subject to a waiting time penalty equal to your daily pay for each day delay in making payment to the employee, up to a maximum of 30 days. This includes working as well as non-working days.

If you think you may have a valid claim, you can file a claim with the State of California, Division of Labor Standards Enforcement or speak to them about your complaint. Most employers are represented by an attorney when a proceeding is filed with the Labor Commissioner, while the vast majority of employees have no representation. This results in many employees not pursuing legitimate claims or not understanding what rights they may have. The Law Offices of David J. Harter represents employees in connection with Labor Board proceeding, often on a "win or no fee" basis. If you believe you may have a claim why not learn more?