Despite laws protecting employee rights, employment law violations occur all too often. Discrimination continues to be widespread, and sexual harassment remains pervasive in many work environments. Violations of labor laws relating to payment of wages, overtime compensation, and meal and rest breaks are still too common. As a result, employees often find themselves in the midst of an employment dispute.
California and federal employment laws provide employees with various rights and remedies to address employment law violations. The experienced Los Angeles employment lawyers at Kaplan Weiss can help you determine whether you have a legal right to a recovery when you believe your employer has treated you unlawfully.
Common employment law issues include the following:
The attorneys at Kaplan Weiss devote personal attention to each and every case. We will guide you through the complexities of the law and ensure you are comfortable with the process every step of the way. Every client is given ample opportunity to discuss resolution strategies with a competent and caring attorney. Whether you have been a victim of workplace discrimination, sexual harassment, or wrongful termination, or have been improperly deprived of wages or overtime compensation, we have the skill and experience to provide you with the zealous representation necessary to resolve employment-related disputes in your favor.
We accept plaintiff’s employment law cases on a contingency fee basis, meaning you do not pay any attorney’s fees until there is a recovery. Contact our Los Angeles employment law attorneys by calling (213) 553-4550 for a consultation to learn how we can help with your employment law claim.
California labor laws mandate specific requirements for providing meal and rest breaks to employees, aimed at ensuring their well-being and productivity during work hours. Employers in California must adhere to these regulations to avoid potential legal ramifications and to foster a healthy work environment.
Meal Breaks:
Under California law, employers must provide meal breaks to non-exempt employees who work a certain number of hours. Employees who work more than five hours in a day are entitled to a minimum 30-minute unpaid meal break. If the total workday does not exceed six hours, the meal break can be waived by mutual agreement between the employer and employee.
For shifts lasting over ten hours, a second 30-minute unpaid meal break is mandatory. However, if the total workday is no more than 12 hours, the second meal break can be waived through mutual consent, except when the first meal break was not waived.
Employees must be relieved of all duties during their meal breaks. If an employer requires an employee to remain on-duty during the meal break, the meal period must be paid.
Rest Breaks:
In addition to meal breaks, California law mandates rest breaks for employees. Employees are entitled to a 10-minute paid rest break for every four hours worked, or major fraction thereof. These rest breaks should be provided in the middle of each work period “insofar as practicable.”
Employers must make a reasonable effort to authorize and permit rest breaks, allowing employees to use them to rest and relax away from their work duties. Rest breaks are considered work time, and employees must be fully relieved of their duties during these breaks.
Employers failing to comply with meal and rest break requirements can face penalties, including payment of premium wages to affected employees. Therefore, it’s crucial for employers in California to understand and diligently adhere to these regulations to maintain compliance and support the well-being of their workforce.
There are a variety of ways that an employer can commit wage theft in California. The California Labor Commissioner actually lists various examples, such as paying less than the minimum wage; not paying the agreed-upon compensation, wages, or overtime.
You are entitled to interest on the unpaid or underpaid wages. In certain cases, you can also recover what’s called liquidated damages.
Title IX is a section of the Education Amendments of 1972 that protects students from discrimination based on sex. Title IX violations especially involve educational institutions such as public or private schools that accept federal funding.
Title VII of the Civil Rights Act of 1964 applies to employers in both private and public sectors that have at least 15 or more employees. It also applies to the federal government, employment agencies, and labor organizations.
Unpaid overtime happens in a variety of settings in California that differ from federal law. Under federal law, there is generally one way to have overtime, and it’s if you work more than 40 hours in one week.
A lot of employers have time clocks or time-keeping software to track all your hours worked. If not, then you as an employee should keep a good record of the hours you worked through an email, a log, or even hand-written notes of the things you did and the times you did them.
Under California law, as a general rule, every person who is providing labor or services or working for someone else must be considered an employee rather than an independent contractor, unless the employer can demonstrate that three important conditions are met.
Contact us online or call (213) 553-4550 to discuss the details of your case.