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California Lawyers Fighting For the Rights of California Workers

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California Overtime Law, Minimum Wage, and Meal and Rest Break Laws

The California overtime and wrongful termination lawyers of Feldman Browne Olivares firm, formerly the Feldman Law Firm, handle wage and hour class action lawsuits involving LA employers’ (or other California employers’) violations of California’s overtime, minimum wage pay compensation, and meal and rest break laws. Our overtime attorneys routinely represent workers throughout California, including major metropolitan areas such as Los Angeles, Sacramento, San Francisco, Oakland, and San Diego.

PAYMENT OF OVERTIME COMPENSATION: California and federal overtime law both require the payment of overtime compensation pay to most Los Angeles employees (or other California employees) who work more than 40 hours per week, and more than 8 hours per day in most industries in California. Federal overtime law exempts certain California employees from overtime compensation pay requirements, however very few OT employees qualify as exempt from overtime pay. Examples of employees exempt from OT are doctors, lawyers, accountants, engineers, executives, high-level managers and outside salespersons.

Under California overtime law, overtime pay is one and one-half (1½) times the employee’s regular rate of pay wages for all OT hours worked over 40 hours per week. Also, overtime wage pay is due to all nonexempt Los Angeles employees (or other California employees) for all hours worked over 8 hours per day up to and including 12 hours in any workday, and for the first 8 hours worked on the seventh consecutive day in a workweek as per overtime law. In addition, double the employee’s regular rate of pay is due for all overtime hours worked in excess of 12 hours in any workday, and for all hours worked in excess of 8 hours on the seventh consecutive day of work in any compensation workweek. [IWC Wage Orders 1-2000 through 13-2000, 15-2000] LA employers (or other California employers) violate overtime law when they pay a salary to employees that should be paid at an hourly rate of pay. Overtime pay violations also include California employers who do not allow employees to report more than 40 hours per week or that require employees to work “off the clock.” Our Los Angeles-based, overtime lawyers will fight to make sure your California overtime rights are represented so that employee salary compensation meets the amount of time worked.

Employers who violate California overtime law may have to face overtime attorneys in a court of law, who will argue that they are required to pay:

  • wages due and owing, including base pay and overtime pay
  • other forms of compensation such as commissions, bonuses, benefits and vacation pay
  • overtime penalties
  • overtime interest
  • overtime attorney’s fees and costs
  • injunctive and declaratory relief

CALIFORNIA MINIMUM WAGE LAW AND COMPENSATION

Our California overtime attorneys are committed to protecting your minimum wage legal rights within the full scope of the law. All California employees are entitled to be paid at least the minimum wage, which has recently increased to $9/hr effective July 1, 2014 and will increase again to $10/hr effective January 1, 2016. If an employer suffers or permits a Los Angeles employee (or other California employee) to work, or exercises substantial control over the terms and conditions of employment, it will likely be responsible for paying those employees the minimum wage and overtime compensation as covered in California state overtime law. Importantly, tips and gratuities cannot be counted by employers towards the minimum wage payment owed under the California OT law. So, for example, the Los Angeles employer (or other California employer) could not elect to pay you just $40 in wages for an $8 shift simply because you also earned $24 in tips. The employer must pay the full minimum wage of $8 per hour regardless of how much you earn in tips.

MEAL AND REST BREAKS

Los Angeles employers must take affirmative steps to provide employees with an opportunity to take meal and rest breaks. This means that the employer must permit employees to take uninterrupted 30 minute meal breaks and two ten minute rest breaks per 8 hour shift and must relieve the employee of all duties during those breaks. Neglecting this overtime law will mean that an employee’s agreed salary is not being met with appropriate working hours. Importantly, the employer cannot take any action to discourage employees from taking breaks. This means that the Los Angeles employer cannot, for example, schedule work in such a way as to make taking a break impossible or infeasible. An overtime law infringement in this area would affect the employee’s compensation in a manner favorable to the employee in an LA court of law. For example, scheduling delivery times or deadlines that would leave no time for breaks requiring an unreasonable amount of work be done during a shift that could not be completed if breaks were taken. Employers who fail to provide employees with an opportunity to take uninterrupted meal and rest breaks may be liable for up to two hours a day of “premium pay” at the employee’s hourly wage rate. The overtime attorneys at Feldman Browne Olivares will work to guarantee that a Los Angeles employee’s compensation is fully reflective of his/her working hours.

DISCLAIMER: This website is intended to provide general information only. Nothing contained in this article, or on this website, is intended to provide legal advice. By using this website you acknowledge and agree that you have not formed an attorney-client relationship with Feldman Browne Olivares, APC and will not rely on any information contained on this website without personally speaking with one of our attorneys. You further understand and acknowledge that Feldman Browne Olivares, APC strongly encourages anyone who believes they may have a claim to communicate directly with a lawyer, whether from Feldman Browne Olivares, APC or any other firm.