Explaining Wage and Hours Issues

San Diego Employment Lawyers
Explaining Wage and Hours Issues

People who work are often somewhat confused as to what sort of pay rate and breaks they are entitled to under California law.  Often times, employers will either be unaware of these laws as well or even take advantage of the lack of knowledge by employees to squeeze more work out of them without paying them accordingly.  When these situations arise, a person needs to seek the immediate help of San Diego employment lawyers.  Below is an overview of the wage and hours issue in California.

Overtime Pay

The law in California states that when an employee works for more than 40 hours in a week, he or she is entitled to overtime pay for the amount of time beyond 40 hours that was worked.  Generally, the accepted overtime rate is 1.5 times the normal hourly base pay.  Therefore, if someone works 50 hours in a week, he or she would be entitled to his or her regular pay and 10 hours of pay at 1.5 the usual rate.

Unfortunately, there are perceived ways around this law that is seen by many employers as extra cost.  Some employees are recorded as ‘exempt’ so that they can be removed from the hourly pay equation.  Others are given management-type titles even though they are performing the same function as other hourly workers.  Regardless of how or why, many people put in overtime and never see the proper payment for it – they are either paid a salary, paid their usual hourly rate or not paid at all for the extra work completed.  Simply put, this is against the law and could expose the employer to the payment of a penalty.

Breaks and Meals

In addition to the laws that govern overtime pay in California, there are also regulations that govern meal times and break times.  Generally, a person is entitled to 30 minutes of break or meal time for every five hours he or she works.  In addition, a person is entitled to 10 minutes of break time for every four hours worked.

This break time is supposed to be free of any work duties.  Unfortunately, there are employers who will not allow breaks, will shorten the breaks that are provided or ask workers to work through their breaks while ‘resting’ off the regular job site.  These are all illegal forms of conduct under California law.

If you believe that you have been treated unfairly in this regard, rest assured that the law also prevents you from being terminated for bringing a valid claim against an employer.  Seek the help of San Diego employment lawyers who have been fighting for workers’ rights for many years.  Contact Mitchell | Gilleon today to schedule a free initial consultation.