California has many administrative agencies that protect all employees and allows them to pursue claims against their employer when their legal rights are violated. These agencies are often referred to as “labor law boards”, even though there is no agency in California with such a name. These boards treat, manage, and investigate certain workplace disputes and complaints similarly to a court, and most complaints against employers are brought before these agencies. This post will take you through the major agencies in California that are involved in labor and employment disputes, and also offer resources on how you can file a claim with them.

IDENTIFYING THE RIGHT LABOR LAW BOARD TO FILE YOUR COMPLAINT

Although California has many agencies, there are two major agencies used for workplace disputes. They include:

• The Department of Fair Employment and Housing
• The Office of the Labor Commissioner

Each of these two labor law boards has a distinct process for filing claims or complaints, and the types of issues they handle are generally specific. To choose the right agency, employees need to correctly identify the best labor law board for their case and ensure it is within the jurisdiction of the agency for proper complaint procedure. This is the first step in bringing a claim against the employer.

THE CALIFORNIA LABOR COMMISSION AND THE CLAIM YOU CAN FILE WITH EACH

The California Labor Commissioner’s office works to enforce minimum labor standards in workplaces across the state. The Labor Commissioner and their deputies are appointed by the governor of the State of California and have a legal right to visit all companies in California to help the board investigate, resolve, hear all claims under its jurisdiction and enforce California labor laws. Perhaps most importantly, the Labor Commissioner has the power to give a ruling on disputes that involve wages and hour complaints. Some of these claims include:

• Unpaid wages
• Unpaid commissions
• Unpaid vacation wages
• Unpaid minimum wage
• Failure to be paid for agreed benefits
• Unpaid overtime
• Distribution of pay stubs
• Rest and Meal break violations
• Failure to pay wages on time after employment’s termination
• Unpaid split shift pay (this is necessary when two(2) different work periods are separated by more than an hour meal break)
• Unlawful deductions from a paycheck
• Un-reimbursed business operating costs
• Late payment or failure to pay final wages

To sum up, the office of the Labor Commissioner manages wages and penalty claims as well as other employees’ demands for compensation from their employer. Furthermore, the Labor Commissioner’s office can also hear certain types of whistleblower and retaliation/discrimination claims. However, they must involve claims that the employer took unfavorable employment action against the worker (or any job candidate) probably because they are involved in some protected conducts. The office of the Labor Commissioner can give a ruling some whistleblower claims, but not all types of whistleblower claims. The detail of this is beyond this post.

THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING AND THE CLAIMS WITHIN THEIR JURISDICTION

The department of fair employment and housing may be the best place to file a complaint if an employee feels they have been discriminated against. Discrimination usually arises when some protected people or protected class are treated differently based on certain characteristics or attributes. A few instances of discrimination may include unwanted touching, jokes that are inappropriate, unjust compensation, poor working conditions, and job assignments.

The California’s Fair Employment and Housing Act (FEHA) offers the most protection to employees (regardless of their numbers working in a company), and eliminates discriminatory employment practices. Under the California Fair Employment and Housing Act, employers are prohibited from discriminating against or harassing employees, job applicants and certain groups of people on the basis of their color, race, sexual orientation, religion, ancestry, age (40 and above), medical condition, disability, harassment, sex (including pregnancy), marital status, genetic information, origin (including language constraints), military and veteran status. Any other issues that involve unfair treatment or treating an individual differently fall under their jurisdiction. Most times, retaliation usually follows discrimination and harassment.

WHAT IS RETALIATION ALL ABOUT

Retaliation arises when an employer or an agent acting on behalf of the employer react unfavorably or engages in unlawful behavior against an employee for filing a claim about some sort of discrimination/harassment or worker’s compensation, or for helping other employees in these complaints. Retaliation can also arise when an employer or an agent acting on behalf of the employer takes adverse actions against a worker for reporting unlawful behaviors by their employer – an act also known as whistle blowing.

Retaliation can come in many forms. For instance, if the employee files a claim and the employer or an agent acting on behalf of the employer then fires the employee because of the claim, then that would be retaliation. At times, the employee does not have to be fired to prove retaliation. Another instance is when an employee takes days off to look after an injury sustained in the workplace and the employer penalizes the employee, maybe through wage reduction. Under California law, this is prohibited. To prove retribution, an employee must show that:

1. The employer engaged in an unfavorable employment action, like firing the worker
2. They engaged in behavior that is protected under the California labor code (filed a worker’s compensation claim) and

• There was a connection between (i) and (ii) above.

The Fair Employment and Housing Act prohibits employers or an agent acting on behalf of the employer from retaliating against employees on these grounds. When the Fair Employment and Housing Act is violated, employees have a right to file a complaint with California’s Department of Fair Employment and Housing (the DFEH).

DFEH Versus DLSE

The DLSE and the DFEH work in the same way in that they both have the power to look into an employee’s claims and work with the employer to resolve any unlawful or illegal activities. However, the major difference is in the types of claims that the two agencies handle.

WHO CAN FILE A CLAIM WITH THE LABOR BOARD?

Any former or current employee or job applicants can file a claim for labor law violation, in relation to any part of the labor law as established in California by the Industrial Welfare Commission. The Labor law board will not query your immigration status nor report it to other government agencies. There is also no need for a social security number or photo identification to file a report for labor law violation. If your complaint is selected for investigation, your report will be kept confidential to the maximum extent possible under the law.

WHEN TO FILE A CLAIM WITH THE LABOR BOARD

The California labor law board maintains a listing of California laws that prohibits the denial of employee’s legal rights. If you have any issues affecting your working conditions in California, or you are discriminated against and harassed or you are seeking to get your legal unpaid wages, you have the right to file a claim with the appropriate California labor law board in a timely manner. Depending on the instances, reports must be by the statutory deadline. Talk to an attorney as to when that is. If your complaint is about:

• an oral agreement, you have a deadline to file by statute to file a complaint from the violation date.
• law or regulation in place (such as a minimum wage or overtime violation), you have a statutory deadline from the date of the violation to file a complaint.
• a written agreement, you a statutory deadline from the date of the violation to file a claim

The Labor law board prioritizes and investigates wage theft and other labor law violations. If the deadline is missed, you may be able to file a private lawsuit instead of filing a complaint. You should consult with an employment attorney for more details.

HOW TO FILE A COMPLAINT WITH THE LABOR LAW BOARD

After correctly identifying the type of claim and the best administrative agency that can hear the case, the employee can go ahead with preparing their complaint. The employee must:

• Determine the laws that the employer violated
• Collect any information that shows the employer took action against them because they exercised their labor rights.
• File any change in their employment conditions after they have exercised their rights, such as demotion or pay reductions.
• Collect documents to evaluate their employment conditions before that moment, such as timesheets, pay stubs, personnel commendations, notes, or evaluations, or other r
• ecords.

Reporting A Claim

To report a claim, the employee can either take or mail the complaint form to the Labor law board that handles the particular claim for the employee’s city or location where the employee performed the work that led to the complaint. Whichever way, the employee should make sure to complete the following steps:

• Download and print out the claim or complaint form.
• Complete the form in its entirety and ensure you provide all information requested to the best of your knowledge to avoid delays in processing, then sign and date the form.
• Attach copies of any supporting documents to your complaints. Do not send the original copies.
• Mail the completed complaint form and the supporting documents to the Labor law board
• If you are filing a workplace health and safety complaint, you may have additional protections.

It is advisable that the employee consult an employment attorney before filing their complaints just to ensure all their facts are correct, the claim is feasible and timely, and that the justice system is respected.

DETERMINATIONS

The California labor board will conduct a thorough investigation after you file your claim. And if the determination finds your employer guilty of any labor law violations, the board will send you a written determination by mail and require your employer to comply with it within 30 days. Otherwise, the Labor law Board will file a lawsuit against your employer to enforce the demand for relief. The relief may include:

• Reinstatement to your former job position
• Interest payment on the back pay
• Payment of any wages lost for wrong suspension, demotion or employment termination
• Payment of penalties for each violation
• Removal of any reference to the negative action in your employee file
• Cease to violate your labor rights in the future

WERE YOU SERVED A NOTICE FROM THE CALIFORNIA LABOR LAW BOARDS?

If you receive any complaint through the labor law boards, you need to know your rights before an employee sues. Most business owners or employers often neglect labor laws or potential risks to their business until a lawsuit shows up. Employees that might have seemed satisfied may sometimes feel cheated and want to claim what they think they deserve. Therefore, they might sue their employer to see what they can get. The fact remains that employees have little  to lose for doing so, due to the way the system is set up. That is why an employer needs to have a clear understanding of their rights when they get a complaint from the labor law boards. Dealing with the labor law boards is hard and the entire process can be intimidating. Many variables and possibilities can make it difficult to get a good strategy for your case, but we can help you out.

CONTACT UNITED EMPLOYEES LAW GROUP FOR A FREE CONFIDENTIAL CONSULTATION

Whether you are an employee who thinks your legal rights have been violated or an employer who has received a complaint from the labor law board, the experienced team of employment attorneys at United Employees Law Group will aggressively and compassionately listen and protect your interests. We understand your request is unique and we will work to give you the best shot at a favorable outcome. Even if you do not end up hiring us, you will still have good knowledge of the next step you can take. Kindly fill the form below to schedule your free confidential consultation.

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As an employee-friendly state, California has wide-ranging regulations aimed to protect employees and to curtail employers’ excesses. One of such laws is California labor law breaks. The law provides most California employees with the legal rights to meal and lunch breaks as well as one or more mini-break periods. The reason is to enable employees re-energize and reset during their work shifts as well as to reduce safety-related incidents in many industries.

In this post, we are going to consider the California labor law breaks, California’s meal and rest period requirements, your right to breaks, limitations, and what to do if your break rights are ever violated.

WHAT ARE BREAK PERIODS?

Break periods are time set aside exclusively for employees. Under the California Labor Code Section 512, California employers are required to give their employees some minutes or hours of uninterrupted breaks. During these break periods, the law prohibits employers from encumbering employees with work activities. If an employee is still required to engage in work or work-related activities during any break periods, it shows that the employer has not relieved the employee from work duty for the particular break. Failure of an employer to give an employee adequate breaks can result in steep fines from the state.

CALIFORNIA BREAK REQUIREMENTS (NON-EXEMPT EMPLOYEES)

Generally, non-exempt employees are entitled to the following rest breaks and meal breaks for the corresponding working hours:

Fig 1.

Fig. 2

REST BREAK REQUIREMENTS (NON-EXEMPT EMPLOYEES)

The California labor law breaks provision requires that non-exempt employees should take rest breaks during their work shifts, and the employers must adhere to providing the same. Below are some requirements that come with rest breaks:

• Employers must give employees uninterrupted 10 minutes rest break for every four hours of work or fraction thereof
• Employers must relieve their employees of all duties during the rest break
• Rest breaks are work time and as such must be paid
• The break should be taken near the end of the employee’s work period.

The California labor law breaks provision applies uniformly to industries under 15 Orders, including the motion picture industry. But there is an exemption to professional actors, and personal attendants under the Household employment Order. Under all Orders, except for private household employment, the DLSE may grant an exception to the rest break law upon an employer’s application based on unjustified hardship, provided such an exception would not significantly affect the comfort and welfare of their employees.

MEAL BREAK REQUIREMENTS (NONEXEMPT EMPLOYEES)

Just like rest breaks, the California labor law Breaks provision also provides employers with some restrictions when it comes to meal breaks. Below are some requirements that come with lawful meal breaks.

• Employers must provide employees with 30 minutes uninterrupted, unpaid meal break after every 5 hours of work
• Relinquish control of the employee’s activities
• Employees must be relieved of all duties;
• Employers do not have to ensure employees take those breaks.
• Employees may decide to have their meal break onsite or leave the premise to use their break as they wish.
• Employees must take an additional meal break especially for long shifts

Employers cannot:

• Impede or discourage their workers from taking meal breaks anywhere;
• create inducement towards skipping meal breaks;
• create a culture that encourages skipping meal breaks

Although the 30-minute meal break is unpaid, employees can agree with their employer to an on-call meal break, which counts as time worked, and payable – details of this later.

 WAIVER PROVISIONS TO MEAL BREAKS

The California labor law allows the 30-minute meal period to be waived by mutual consent of both the employee and the employer, under the following circumstances:

• When an employee’s work period for a workday does not exceed six hours. In this case, neither the employer nor the employee can be forced to waive the meal break. For instance, if the employer wants to waive the meal break, but the employee does not, then the meal break can’t be waived.
• If the total number of hours worked by the employee does not exceed 12 hours, then the second meal break may be waived subject to mutual consent of the employee and the employer and employee provided that the first meal period was not waived

NOTE: Neither the California Labor law breaks provision, nor the Wage Orders require that either of these waivers be in writing. But such an agreement should be put in writing whenever possible.

ON-DUTY MEAL BREAK AGREEMENT

Generally, the California labor law restricts an employer from allowing their employees to continue working or be “on-duty” during meal breaks. Unless the employee is relieved of all work duty during the entire meal break and is free to leave the work premises, the meal break is considered “on duty.” It is legally the same as denying the workers their meal breaks, and the employer has to compensate the employee for the meal break at the worker’s regular wage.

However, some exemptions exist where an “on duty” meal break period are legally permitted. Whether or not the nature of the job prevents a worker from being relieved of all work duty can be very difficult to justify. An employee and an employer may not agree to an “on-duty” meal break except, based on objective reasons, where:

1. The employee works over six hours, and the nature of the work does not allow the employee to be relieved of all duty, e.g. a lone security guard positioned at a remote site
2. There is a written agreement between the employee and the employer, and on-the-job meal is agreed to. The written agreement must indicate that the employee may withdraw the agreement at any time.

To implement on-duty meal break, an employer should first consult a qualified employment counsel for guidance.

LIMITATIONS ON BREAKS

The California Industrial Welfare Commission (CIWC) allows employers to make their workers stay on-premise during a meal break. In this case, the meal break would be considered to be paid time. That implies that the employer must compensate the workers at their regular pay rate for the length of the break. Likewise, employers may require their workers to be onsite during rest breaks. However, the employer cannot mandate the employee to work during the rest break. Employers also have the right to logically limit the amount of time their workers take to use the restroom outside of the required breaks, and by no means should an employee extend breaks using the restroom at the end of the break.

WHAT IF EMPLOYEES ARE DENIED THEIR RIGHTFUL CALIFORNIA BREAKS?

Your California employer is not doing any favor by letting you take a rest break or meal break. They are strictly required to do so. Consider this: if an employee is eating during his meal break and the employer or his boss calls him to review or do anything work-related. If the employee puts his food aside and works even for just a minute, then the employer has just denied the employee their meal break right because the employee’s break was interrupted by work activity.

If your employer fails to provide proper breaks, whether by (i) reducing your break time (ii) preventing you from taking a break (iii) Pressuring you to work through some or all of your break period or (iv) not providing any breaks at all, then you are entitled to an additional hour of pay at your normal hourly rate. This would be for each day you did not get a proper break.

For instance, if an employer denied an employee a proper rest break and meal break, then the employer owes the employee two additional hours of pay for that day. And if the employee is denied a proper break for an entire year, say 250 workdays, then the employee may be entitled to damages equal to 250 workdays multiply by employee wage rate for the breaks employee was denied. So if an employee is making $15/hour and the employee is denied meal break, then that would be $3,750 in extra wages that the employer owed the employee.

There are technicalities and nuances to California’s labor law breaks provisions, which is why it is advised that you consult a California employment attorney if you think your employer has violated your rights.

WHAT IF EMPLOYEE SKIPS THEIR BREAK?

If the employer provides meal break to an employee, but the employee willingly and voluntarily decides to skip the meal and work during the break period or eat while working, the employer would not owe employee any additional wages or penalties. The California labor law breaks only require them to provide those break times. Whatever the employee does during the break is up to the employee. If, on the other hand, the employee is pressured to skip a break, or the employee feels they will be criticized or denied perks or advancement if they take their full breaks, or if the employee has to skip breaks to meet work deadlines, then the employer might still be penalized. You can talk to a California employee rights attorney to discuss your situation.

EXEMPTIONS TO THE CALIFORNIA LABOR LAW BREAKS

There are exceptions to the rules regarding California labor law Breaks provision. Pursuant to Labor Code sections 512 and 226.7, and Industrial Welfare Commission Wage Orders 11 and 12, salaried workers who work in some professions (like motion picture or broadcasting industries, commercial drivers, construction workers, private security officers, etc) and meet some minimum earning conditions are exempted from most of the labor laws that apply to non-exempt employees. Further, employees working under a collective bargaining agreement may not be subject to the rules regarding meal periods.

For an employee to be classified as exempt;

• They must have spent more than half of their time doing managerial, intellectual, and creative works.
• Their primary duties must be executive, administrative, or professional tasks.
• They must regularly make decisions and exercise independent judgment.
• They must earn a monthly salary no less than twice the California minimum wage.

Even though most exempt employees are not qualified for rest breaks, they are still entitled to meal breaks. An employment attorney can examine your particular situation further to see if you qualify for rest and meal breaks.

CALIFORNIA BREAKS PENALTIES

Break periods are counted as hours worked. For no reason should an employer deduct pay from the time taken for an authorized break period. If an employer denies their employee a proper meal or rest breaks, the employee is qualified to receive extra wages under California labor law breaks provision.

To pursue the claim, the employer can:

• Try things on their own (without a lawyer’s help) and ask their employer for those extra wages. If the employer is one of those who wants to do the right thing, then congratulations! The employee should let the employer know of the extra wages owed, and if it turns out valid, they will pay the employee in full with little hassle. But if the employer refused to pay, then the employee may have to:
• File a complaint in court;
• File a wage claim with the Labor Commissioner or DLSE
• Contact an employee rights lawyer and get help in trying to persuade the employer to pay the employee what they are owed and to help the employee decide on and apply the best alternatives if the employer refuses.

CALIFORNIA LABOR LAW BREAKS: WHAT CAN EMPLOYER DO?

Break laws can be very tricky (as they apply differently to businesses and industries), and they can create huge financial issues for businesses that fail to comply with the labor law breaks provision. It is, therefore, essential for businesses to be careful when implementing proper break policies as required by the California labor commission. With the increasing number of court cases targeting employers’ rest and meal break practices, employers are advised to carefully review the employer’s policies to be sure they are getting their proper rest and meal breaks. If you need help with employment law, contact United Employees Law Group to learn the exact employment laws apply to your business.

FINAL THOUGHT

If you have been denied your proper meal or rest break, or you think your employer is denying you the same, do not hesitate to contact the expert employment attorneys at United Employees Law Group today. With years of successful experience, we represent workers who have been denied their break periods or otherwise maltreated by their employer throughout California. Schedule an appointment with us to evaluate your case, determine the best option for your recovery, and help you implement that option. Do not forget that filing certain claims or complaints has strict deadlines. Contact United Employees Law Group today to ensure your rights are protected.

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California labor law is undisputedly referred to as one of the most stringent employment laws in the United States. it is because it aims to ensure that all employees who live or work in the state benefits from the employment contract and that they are compensated for the work they have rendered to their employer. Nevertheless, there are complex components in the California labor law that needs full understanding for both employee and the employer’s rights to be preserved. In this post, we are going to consider the California labor laws on termination as well as the labor codes that are relevant to the same.

CALIFORNIA LABOR LAWS ON TERMINATION

New California labor laws are usually introduced from time to time. While some of these employment laws break new ground, most of them are extensions or amendments of the existing legislation.

Whether for a lawful reason or no reason at all, the employer or the employee may terminate an employment relationship at any time – that is the general rule in California. The majority of employees do not work with an express contract of employment (verbal or written) and are instead considered “at-will employment.” Under this doctrine and without any fear of consequences, employers have the right to hire and terminate an employee anytime they wish without the burden of presenting their reasons for such termination. Likewise, the employees may leave their posts in a company anytime they want.

Even though the law appears to favor an employer at the time of termination, there are different situations in which a termination without any clear and formal basis is considered illegal and could perhaps lead to a lawsuit. As long as there was an agreement either spoken or implied of discharge only for just cause, the employer/employee relationship is not “at-will”.

Under the California labor law, the “at-will” employment scheme only applies to those who have not engaged in an oral or written agreement stating that an employee cannot be terminated without any fair basis. If there is a need for termination, the employer needs to first, provide reasons for such an act. Any failure to follow this procedure can give his terminated employee a ground for filing a breach of contract lawsuit against him.

WRONGFUL TERMINATION

It is definitely illegal for employers to terminate workers if they are performing well on their jobs and following all the company policies. However, many employers still violate this law provision in many instances, such as:

• Termination based on age, nationality, sex, religious affiliation or disability
• Termination in retaliation for various actions and demands made by the worker, such as wage complaints, workplace safety grievances, whistleblowing actions, etc.

SOME RELEVANT CALIFORNIA LABOR LAWS ON TERMINATION

• Holiday Pay

Under California labor laws, no employer is required to provide holiday time to its employees. But if the employer and the employee agreed-upon holiday time at the beginning of employment, the employer is legally bound to abide by the agreement. Holiday time in California is considered earned wages, meaning that it is accrued throughout employment. Hence, any holiday time accrued is carried over to the following year or is paid at the employee’s regular rate of pay. For instance, if an employee is promised ten vacation days in their first year of employment, each month of work earns him about .83 days of vacations, all of which are compensable at any time, including situations where the employee resigns or are fired. The only exception to this law is in the case of a probation employment period, which an employer may impose with the prior consent of the employee. In such a case, the employee may have to wait for a predetermined period before becoming eligible for benefits and compensation for said benefits.

• California labor law on Minimum Wages

As at the time of writing, the minimum wage in California is $13.00 an hour. No agreement can be reached between a California employee and their employers that will make the employee get less than this for every hour they spend on the clock. However, there are exemptions for some types of workers, like those involved in managerial or intellectual work.

Under the California labor laws for salaried employees, salaried workers can be either exempt or non-exempt. Non-exempt salaried employees are eligible for overtime. Exempt salaried employees may not be eligible for overtime, but the employers have to pay salaried exempt employees twice the minimum hourly wage based on a 40-hour workweek.

Furthermore, there is no distinction between adults and minors concerning the minimum wage. Any employee who has not been paid accordingly is often entitled to back wages. A California attorney can help here. They will ensure your complaints are correctly filed with the California labor complaint board and then guide you through the entire process.

• California Labor Laws Lunch Breaks

Under the California labor law breaks, non-exempt employees must receive thirty minutes of lunch or break if they work more than five hours per day. Employees who work more than ten hours in a day are entitled to another 30 minutes meal break. If you are denied lunch breaks at the appropriate times, the California labor laws break requires you to collect penalties of 2-hours’ pay for each of the days you were not given a rest break and proper meals.

• California Final Paycheck Law

If your employment is terminated, you are entitled to be paid your last check that same day. And if you resign, your employer has about 72 hours to pay your final check.

• California Overtime Law

Under the California labor law, non-exempt workers must be paid 1.5x their regular wages or if they work more than 8 hours per day (or 40 per week) and 2x their regular wages if they work further than 12 hours per day. Similarly, there are other situations where the employees qualified for overtime pay in California.

• California Exempt Employee Law

By default, the California labor code gives all employees a right to overtime and minimum wage, but some types of salaried employees are exempted.

• California Independent Contractor Law

Employers sometimes misclassify workers as “independent contractors” rather than “employees”. This erroneous categorization can prevent employees from receiving full rights under California law. Employees can pull through labor code penalties up to $25,000 per breach if they are misclassified.

CALIFORNIA LABOR CODE

Also referred to as the labor code, the California Labor Code is a collection of civil law acts for the California state. It was developed to promote the welfare of wage earners, boost their working conditions, and to enhance their opportunities for profitable employment.

The California labor code is dedicated to labor laws. Some California labor laws are biding on an employer about their present employee, and those who resigned or their employment contract is terminated. These laws are aimed to ensure total compliance with existing California labor and employment law and to keep both the employer and the employee in check. Here are some:

• California labor code 201

Whether an employer chooses to fire an employee for poor performance or an employee decides to quit for a better job offer, the labor code section 201 requires that the employer must immediately pay the employee all the wages earned and unpaid at the time of resignation or contract termination. The law does not define when and why an employee is “fired.”

What happens if an employer fails to pay on time? If employers fail to follow the California requirements and make immediate payment of the employee’s final wages, it may result in considerable monetary penalties against the employer.

• California labor code 203

The California labor code section 203 allows a worker who is not paid all wages due at the time of termination, or within 72 hours of their resignation to request for additional monetary penalties for willful late payments. The law states that if an employer deliberately fails to pay any wages of a worker who quits or is fired, the employee’s wages will continue as a penalty right from the payable date and at the same rate until settled. However, the wages shall not extend beyond 30 days. For instance, if a worker usually earned $20 per hour and worked for 8 hours per day, the employer’s penalty would max out at $4800 if they failed to pay in time. If the non-payment of the earned wages is determined to be deliberate, an employer could face serious monetary penalties, even up to thirty times the initial amount due!

• California labor code 204

For employees who receive wages bi-monthly, the California Labor Code section 204 requires employers to issue wages at most ten calendar days following the closure of the payroll period.  Employees that are paid every two weeks must receive their earned wages within seven days of closing their payroll periods. Any payment after that is an indication that the employer is violating Labor Code section 204.

• California Labor Code 221

The labor law code states that it shall be illegal for any employer to receive or collect any part of the wages paid to an employee.

• California Labor Code 512

Lunch breaks must not be interrupted. Employers cannot call for an employee to perform any task during their lunch breaks and likewise, employers cannot discourage an employee from having one. So the state law requires California employers to allow employees to have rest during their workday. It also prevents employers from keeping their employees working for too long without a break. However, the employee may agree with the employer to waive the lunch break if the worker’s shift is below 6 hours. So the California labor law requires the said employer to give the said employees the right to an unpaid meal lunch during their shift. If, however, the employers violate the labor code, they can be liable for penalties and back pay.

• California labor code 1102.5

This state law forbids the employer from retaliating against an employee because they believe that the employee has disclosed or may disclose information regarding them to a superior in the employer’s organization, law enforcement agency or to a government, provided the employee has reasonable cause to think that the information discloses violates the law or regulation.

• California labor code 2870

This state code requires that no inventions of an employee should be assigned to an employer, provided they are entirely developed on the employee’s personal time and if they are done without using any of the employer’s supplies, equipment, trade secret information or facilities of the employer.

• California labor code 1198.5

The California Labor Code 1198.5 requires that every former and present employee or their spokesperson has the right to examine and receive a copy of their personnel records. The request must be made in writing, and the employers must abide by the request no later than 30 days from the day such a written request is received.

FILING A WRONGFUL TERMINATION CLAIM

An employee who has been wrongfully terminated has the right to file a claim at the California labor complaint office of the California labor commission against his employer with the aid of a qualified termination claim attorney. In the process, they have to present various evidence in form of documents and oral testimonies that will support his claim that he is truly terminated without any good basis, for him to have a better chance of recovery.

If the employee wins his case, the California Labor Commissioner’s Office will ensure you are duly paid through robust enforcement of labor laws. You may get the following damages from his employer:

• fringe settlement
• reimbursement of income lost
• payment for emotional misery

Aside from these, the court may oblige the employer to reinstate the employee to his former position or any post with similar compensation, benefits, and duty. A more serious legal punishment may be implemented if the employer fails to provide these damages and reinstate his employee.

WHAT CAN YOU DO AS AN EMPLOYER TO PROMOTE A HEALTHY WORKPLACE?

Get the California labor law posters. California employers are required to prominently display nine (9) mandatory federal and state labor law posters in easily accessible places. This is aimed to advise employees about their rights in the workplace. California labor law changes regularly, so it is your responsibility as an employer to ensure the posters are up-to-date.

FINAL THOUGHT

Most job-related actions by businesses towards their employees are not deliberately prejudiced, spiteful, or biased by nature. But the complexity of the law demands that employers be extremely careful when dealing with their employees or making employment decisions. In many cases, these actions are used against them in an employment lawsuit. As a reminder, California employers need to understand that California labor laws are different from Federal laws in different ways, so check with your legal counsel before making any debatable act or employment decision.

Do you need a California employment attorney to help with employment termination issues? United Employees Law Group has more information on California labor laws and can connect you with a California labor termination attorney who can help if you think you are laid off unjustly and owed back wages for unpaid minimum wage, overtime, or vacation time.

REFERENCES

• https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=2.&title=&part=1.&chapter=1.&article=1.
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1198.5
• dir.ca.gov
• https://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm
• https://www.neildymott.com/discharged
• https://www.dir.ca.gov/wpnodb.html

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California Labor laws give a different set of overtime rules to “ambulance drivers and attendants” who work 24-hours shifts, than the rest of the California work force. Under certain circumstances, the rule allows employers to schedule ambulance drivers to work 24 hours without paying daily overtime pay. The California law states:

“The daily overtime provision of subsection (A) above shall not apply to ambulance drivers and attendants scheduled for 24-hour shifts of duty who have agreed in writing to exclude from daily time worked not more than three (3) meal periods of not more than one (1) hour each and a regularly scheduled uninterrupted sleeping period of not more than eight (8) hours. The employer shall provide adequate dormitory and kitchen facilities for employees on such a schedule.”

In other words, if all the following circumstances are met then the ambulance driver need only be paid for 13 hours:

• Cannot exceed 3 hours of meal periods, of which are not more than 1 hour each
• Not more than 8 hours of regularly scheduled uninterrupted sleep period.
• a written agreement to this effect

It is important to note that this exemption to overtime applies to California daily overtime (for more than 8 hours a work day) but not to California weekly overtime (for more than 40 hours a work week).

In order for the employer to be able to save money by saving overtime hours, the employers must meet the terms of the 24-hour shift rule. For instance, if the sleep time is “on call” instead of scheduled to be uninterrupted, then the employer is not in compliance. If there has not been a written agreement between both parties, then the employer is not in compliance. If the employer is not in compliance then they will be forced to pay its ambulance drivers daily overtime for the entire 24-hour shift.

Aguilar v. Association for Retarded Citizens is a perfect example of what happens when an employer fails to comply with the 24-hour shift rule is. In Aguilar, the ambulance drivers were scheduled to work 24-hour shifts, but the employer would“temporarily released them” for a few hours each day to let them to pursue their personal matters. Basically, they did not work a complete 24-hour shift. The employer had to pay the employees for all hours worked, including overtime pay. To paraphrase, the court reasoned:

The IWC Wage Order outlines the difference between ambulance drivers that work 24-hour shifts and those who work less than 24-hour shifts. The Wage Furthermore wage order affords an exemption from compensation for sleep time only, for ambulance drivers that work 24-hour shifts. It has been made obvious the ambulance drivers here do not work 24-hour shifts.

If you are an ambulance driver, ambulance attendant or EMT and you feel you have not been compensated properly for your 24 hours shifts please contact an experience San Jose Labor Law attorney to review your potential case.

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According to California Labor Law if an employer sends its hourly, nonexempt employee home before the end of a shift, that employee may be entitled to additional compensation, known as “reporting time pay.”

Section 5 of the California Industrial Welfare Commission IWC wage order, provides that when an employee reports to work but is not allowed to work or completes less than half of a shift (half shift is calculated at four hours) before being released for the day then the employer must pay that worker for at least one-half of that day’s pay.

Section 5(B) of the wage order provides that if the employer calls the employee back to work that day and only allows the employee to work less than two hours then the employer must pay its employees an additional two hours of pay.

There are a number of exceptions as follows:

1. Company operations don’t start or cease due to threats to employees or property
2. There is a failure of public services (electricity, water, etc.)
3. Natural disaster, etc. “not within the employer’s control.”

An employee will not qualify for additional compensation under this rule if he or she is not able or capable to work or if the employee came to work late or was fired or sent home as a disciplinary action.

Reporting time pay for hours in excess of the actual hours worked may not be counted as hours worked for purposes of determining overtime compensation.

These rules do not apply to workers who are exempt and paid a salary in that a salaried employee receives his or her full salary regardless of hours worked.

If you have experienced being released from work early and therefore you have not been paid a minimum of four hours, you may demand your unpaid minimum hours (“reporting time pay”).

If you have any questions it is advisable that you contact a California employment attorney to review your situation.

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We may live in the wild west, but as an employee in the great state of California we all have rights; rights that have been carefully constructed and governed by the Labor Code of California. The unfortunate truth is, a good number of violations go unchecked and unaccounted for every year because the employees who experience the abuse either don’t know their rights or fear retaliation if they speak up.

In many cases these violations begin small such as being asked to take care of some small task after you have already clocked out at work. But these kinds of small infractions can quickly grow to larger abuses of you time, your paycheck or your person. All too often it is the victim who keeps quiet for fear that THEY will be the one who faces adverse consequences if they make waves. This is especially true in cases where there are long standing practices favoring certain employee’s rights over others.  Thankfully you live and work in California and we have strong whistleblower and anti-retaliation laws to protect you if this sounds al too familiar. In fact there were new laws added this year to strengthen the resolve of employees who have had enough.

NOW IS THE TIME! Were you fired, threatened with termination, suspension, demotion, abused or retaliated against after you spoke out or filed a complaint against a supervisor or coworker? Even if you made a complaint on behalf of a coworker and the abuse was not against you, you are still protected by the anti-retaliation protections under the California labor code. work, this is also protected activity.

Any of the following would be covered and protected activity:

-If you filed a complaint of wage violations
-If you took time off to serve on a jury
-If you file a complaint about being forced to work in unsafe conditions or around hazardous materials without proper procedure,
-or if you refused to complete your work duties in the vicinity of ANYTHING that could be hazardous.

If an of this rings true for you, you must take action quickly you only have a limited amount of time to file a complaint, whether it is wrongful termination, discrimination, retaliation or wage violation, the experienced attorneys of UELG are here to help and answer all your questions along the way.

Call UELG TODAY for your no cost, no risk case review.

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Protecting Teens at Work

I know I’ve said it and maybe you have too “Why don’t kids work like we did?” In fact, I saw a report on the news just this morning about the decreased number of teens in the workplace. It’s easy to criticize and believe they are just lazy or uninterested, but then you’d be guilty of the very same discrimination that is keeping many teens from getting to work. The issue has come to such critical mass that the EEOC has began a new initiative to aid what they call the “new minorities.” The youngest workers, in the US at least, our high school students face many issues from discrimination, harassment, mistreatment, pay violations and the list goes on. For this reason the EEOC started their Youth@Work Initiative, helping to educate students about their rights in the workplace, but also about their responsibilities at work. Part of the initiative includes round table discussions with representatives from the teen community with leaders in industry and the EEOC to help facilitate solutions to the issues they face.

Evidence of the effectiveness of Youth@Work comes in the form a $1 million settlement citing the owner of McDonalds. The teen workers won their case when it was shown that the defendant did nothing to stop the widespread harassment of female and underage workers.

Can your voice make you a minority?

It seems as though the people in this country forgot they were ALL immigrants as soon as they weren’t the latest one off the boat. We all KNOW the United States was built by immigrants, and it’s not that hard to imagine what a crowded tavern must have sounded like in 1682, the mash up of accents and languages.

Still, the prejudice is clear today, if you are seeking employment in the US you will have a hard time if you can’t “get rid of that accent.” It is easy to see how a heavy accent could cause issues in certain positions where customer have difficulty understanding an employee, but it’s likely a large part of the problem actually stems from anger over jobs being “Shipped out.” If you call a company’s customer service number and get an employee with an accent do you not assume you were just transferred to India? There are even comedies on TV about the subject. According to the EEOC there has been a whopping 75% increase in these discrimination claims.

Ismail Aliyev filed suit against the package giant FedEx, claiming he was fired because of his Russian accent, even though he spoke perfectly clear English.

If you believe you are being discriminated against in the workplace you need an advocate. Call United Employees Law Group NOW for review of your personal situation.

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The last couple years have been very busy for The EEOC (Equal Employment Opportunity Commission). With new and expanding issues such as social media passwords issues, domestic violence reports, and new rights and discussions for the LGBT community. The strides taken for equality of same-sex partners and the effect of ObamaCare mean changes in the employment world. The laws surrounding employee rights is ever changing, but we strive to have the most comprehensive knowledge of California employment laws.

The EEOC now has a new Strategic Enforcement Plan (SEP), this plan gives directive for the top six issues which will take priority for the foreseeable future. These are the most common areas of issues in the work place and are sited in hundreds of thousands of employee complaints every year.

The new plan calls for strong focus on the following:

• Improved hiring and promotion avenues for minorities
• Improved protection for vulnerable employees including immigrant and migrant workers
• Transparency of new and emerging discrimination problems in the workplace
• Improved enforcement of equal pay laws
• Preserving and improving access legal help for all
• Targeting outreach programs to preventing harassment and educate would be victims

As the EEOC works to improve things system wide, United Employees Law Group works with individuals to protect employees’ rights. If you are having issues at work or have had with a previous employer we are here to help.

Call TODAY for your free and private consultation.

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[headline]Who owes me money if my company goes Bankrupt?[/headline]

The battle lines have been drawn over the question of how the term “EMPLOYER” should be defined. Should the term “EMPLOYER” simply mean only the company that hired the employee which is the old common law definition or should the term “EMPLOYER” take into account broader principles of California Labor Law.

A major case was just decided by the California Supreme Court that established who can be held liable for failure to pay wages. A number of cases were previously heard in which only the company who was the direct employer could be held responsible for any unpaid wages.

There are New Laws that state the real property can be seized to pay employees as well.

There were a number of cases including Reynolds v. Bement (2005) 36 Cal.4th 1075, in which the Court “looked to the common law rather than the applicable wage order to define employment in an action under section 1194 seeking to hold a corporation’s directors and officers personally liable for its employees’ unpaid overtime compensation.” Labor Code section 1194 gives employees the right to recover “the legal minimum wage or the legal overtime compensation.”

The California Supreme Court has ruled on one of the most important wage and hour cases and that is Martinez v. Combs 49 Cal.4th 35 (2010). This case explains who is and who is not an “EMPLOYER” under California wage law and it includes a number of important rulings that will shape California wage and hour practice for years to come as well as California Labor Law in general.
By way of background, the question of who must pay minimum wage or overtime under section 1194 has been addressed only once since 1913, when California passed its minimum wage law. That one decision was Reynolds v. Bement (2005) 36 Cal.4th 1075, in which the Court “looked to the common law rather than the applicable wage order to define employment in an action under section 1194 seeking to hold a corporation’s directors and officers personally liable for its employees’ unpaid overtime compensation.”
The main argument that was put forth in Martinez v. Combs was that the history of section 1194 showed that the legislature intended to give the Industrial Welfare Commission (IWC) the power to define various terms used in the regulations that the IWC had the power promulgate. Within the definition of employer the regulation under Wage Order No. 14, Cal. Code Regs., tit. 8, § 11140, subd. 2(C) use the term defining employer as one who “suffered or permitted an individual to work”. Wage Order No. 14, Cal. Code Regs., tit. 8, § 11140, subd. 2(F) describes employer as one who “exercises control over wages, hours, or working conditions”.
The power of the Industrial Welfare Commission (IWC) to define employment is not expressly granted in the act creating the IWC but merely implied, and thus extends only so far as necessary to permit the IWC effectively to exercise its expressly granted powers to regulate wages, hours, and working conditions. West’s Ann.Cal.Labor Code § 1173 et seq. Therefore regulations issued by an administrative agency such as the Industrial Welfare Commission (IWC) under a delegation of legislative power must be reasonably necessary to effectuate the purposes of the statute. West’s Ann.Cal.Labor Code § 1173 et seq. and therefore has the force and effect of law.
The California Supreme Court stated that in actions under section 1194 to recover unpaid minimum wages, the IWC’s wage orders do generally define the employment relationship, and thus who may be liable. An examination of the wage orders’ language, history and place in the context of California wage law, moreover, makes clear that those orders do not incorporate the federal definition of employment. Applying these conclusions to the facts of the case, the Supreme Court affirmed the Court of Appeal’s judgment.
As set forth in the Supreme Court’s ruling it stated that the Wage Orders set forth a multi-pronged, disjunctive definition of employment: an employer is one who, directly or indirectly, or through an agent or any other person, engages, suffers, or permits any person to work, or exercises control over the wages, hours, or working conditions of any person. The “engage, suffer, or permit” component of the definition does not require a common law “master and servant” relationship, but is broad enough to cover “irregular working arrangements the proprietor of a business might otherwise disavow with impunity.” Phrased as it is in the alternative (i.e., “wages, hours, or working conditions”), the language of the IWC’s ’employer’ definition has the obvious utility of reaching situations in which multiple entities control different aspects of the employment relationship, as when one entity, which hires and pays workers, places them with other entities that supervise the work. Finally, the IWC’s “employer” definition is intended to distinguish state law from the federal FLSA and is therefore controlling.
This case becomes extraordinarily significant in light of the fact that individual company owners cannot hide behind their corporations to shield them from personal liability. The law clearly states that anyone who directly or indirectly permits a person to work or exercises control over that person’s wages, hours or working conditions shall be held personally responsible for the payment of all wages due. This helps to stop those who abuse the labor laws and attempt to deny wages that have been earned. The California Supreme Court has spoken and has upheld the rulings By the California Industrial Welfare Commission which broadly defines who shall be treated as the employer.
If you have any questions with regard to your rights is important that you seek the help of a San Jose Labor Law Attorneys that your rights will be fully protected.

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Working for a bad employer? Does your company instruct you to do things you think are questionable at best, and possibly downright illegal?

So who is liable? Can a disgruntled customer sue you directly if you were just doing what you were told? The answer is YES. Recent complaints are giving rise to questions about Safelite glass repair’s business practices and employees are not safe from responsibility.

What are they up to?

Though Safelite has been in the market for ages this is not the first time they are under fire for being less than forthright in their dealings. Because the company acts as a third party administrator and bills the insurance companies, they seem to be taking every opportunity to do a full replacement when a simple repair would do the job. It may be attributed to the public’s general mistrust of corporations such as the insurance companies that they are willing to believe their cracked windshield needs to be replaced. The company is also under fire for allegedly “steering” customers to their own repair shops to do the work they get approved by insurance companies, an illegal practice.

There is currently a class action suit against the company being built and while this will not name employees as responsible other cases could.

Claiming ignorance won’t protect employees forever, if you work for a company who engages in clearly unscrupulous practices you need to report it right away. As a whistle blower you are protected, and in our experience a company willing to break one law usually has no qualms about breaking others, like paying you correctly or treating you fairly.

If you believe you may be in a similar situation you need to seek legal advice ASAP, United Employees Law Group will put our 35 plus years to work for you.

Call UELG TODAY for a free and confidential review of your case.

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