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action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home5/californ/california-labor-law-attorney.com/wp-includes/functions.php on line 6114Top 5 Most Common California Labor Law Violations<\/strong><\/p>\n <\/p>\n People call in everyday with various employment issues or concerns but what is interesting to me is that the majority of the time they have one of these 5 issues and they didn\u2019t even know it. I have had clients tell me that they just assumed that they were being paid and treated properly because the company that they work for is so big and well known: \u201dThey must know what they are doing, right?!\u201d The truth is that labor violations occur in any size business and that it\u2019s the employee who needs to arm themselves with knowledge of their rights, or at least contact a California labor law attorne<\/a>y with any questions or concerns.<\/p>\n 1. Misclassified as an Exempt Employee (salary)<\/strong> \u2026.when in fact they should be Non-Exempt (hourly). Companies are not allowed to arbitrarily classify their employees as exempt from overtime.California labor laws have set strict guidelines regarding who will be considered exempt.<\/a> The most important thing to remember is that your exemption status is based on your actual job duties, not on your job title or on the job description given to you by the company.<\/p>\n 2. Working Off the Clock<\/strong> Non-Exempt employees are often pressured to work while they are not clocked in. This could mean coming in early to work to prepare for the day or clocking out and remaining to finish work at the end of the day. Oftentimes employers will not come right out and tell their employees that they must work off the clock, but the employer might pressure the employees by threatening with write-ups or termination if all of the work is not completed before the end of the day, and in the same breath make it known that overtime is not allowed. Other times it\u2019s more systematic, for example: an employee must spend 10 minutes in the morning booting up the computer system and log on to their computer before they are granted access to use the time keeping system. Or, route drivers often have to load their trucks but their time clock doesn’t start until their first stop.<\/p>\n 3. Misclassifying Employees as Independent Contractors<\/strong> Oftentimes employers will classify employees as independent contractors in order to avoid paying overtime, additional taxes and insurance. Again, California labor law has set guidelines regarding who can be classified as an Independent contractor. In order to be an independent contractor you should be responsible for the following: \u2022 Make your own schedule \u2022 Use your own equipment, vehicle, tools, etc. \u2022 Not have to wear a uniform for the other company \u2022 Not have a supervisor or manager directing you on a regular basis<\/p>\n