Wage & Hour

Trust In Us To Get Properly Compensated

If your employer engages in unfair labor practices, we may be able to assist you in recovering compensation that you are owed. Wage and overtime are two of the most important areas of employment law from the perspective of a worker. Workers want to know that they are properly compensated for the time spent working. . When you need to file a complaint in the event of your wage and overtime rights being violated, trust in Salusky Law Group.

Wage and Hour Frequently Asked Questions & Information

Almost all employees in the state of California must receive the minimum wage as required by state law, whether they are paid by the piece rate, by commission, by the hour or by salary.

Most employees must receive overtime pay of:

  • 1.5 times the regular rate of pay for all hours worked over 8 hours in a workday or over 40 hours in a week; and
  • Double the regular rate of pay for all hours worked over 12 hours in a workday.

If an employee works 7 days in a workweek, the worker must be paid:

  • 1.5 times the regular rate of pay for the first 8 hours of the 7th day, and
  • Double the regular rate of pay for all hours worked over 8 hours on the 7th day.

However, overtime laws to not apply to all workers and certain workers, such as domestic workers and farm workers, are covered by different overtime laws.

Your employer must pay you the wages promised. For example, if your Employer promised to pay you $20 per hour and only paid you $15 per hour, you may file a wage claim for the unpaid amount of $5 per hour.

Most workers in California must receive an uninterrupted 30-minute unpaid meal period for every 5 hours worked and a paid 10-minute rest break for every 4 hours worked. You may be entitled to a rest break even if you work less than 4 hours. Certain workers such as domestic workers and farm workers have different meal and rest break laws.

You must receive reimbursement for all expenses reasonably necessary for your job. For example, your employer must pay for tools and supplies required for the job and must provide mileage reimbursement if you use your personal car for work. However, if you earn at least twice the minimum wage, your employer can require you to provide certain hand tools customarily used in your occupation. If you are a remote worker, your employer should reimburse you for the reasonable use of your cell phone, landline and internet, to the extent you are using them for work purposes.

If you report to work expecting to work your usual schedule, but receive less than half of your usual hours, you must still be paid for at least half of your usual hours (for a minimum of at least 2 hours). For example, a farm worker who reports to work for an 8-hour shift and only works for 1 hour must receive 4 hours of pay – 1 for the hour worked and three as reporting time pay, so that the worker receives pay for at least half of the expected 8-hour shift.

If you work 2 or more shifts in a workday with an unpaid break of more than an hour, your employer may be required to pay a “split shift premium” which is calculated based on your rate of pay.

If your employer fires you, you must receive your final paycheck on your last day. If you are not paid when your job ends, you may be entitled to receive and additional payment of a day’s wages for each day your employer withholds your final paycheck, for up to 30 days.

If your employer writes you a check that is returned for insufficient funds, you have a right to receive penalties of up to 30 days’ wages in addition to the amount of the check.

California law prohibits employers from retaliating against workers for enforcing their workplace rights. If your employer retaliates against you, please contact us to discuss your rights and available remedies.