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Wage and Hour
Many businesses in California try to get
away with not paying their employees correctly under California
law. There are many ways for an employer to improperly compensate
an employee. For example, the employer may wrongfully classify
an employee as “exempt” from overtime laws.
Sommers Law Group represents individuals before the Labor
Commissioner and Superior Court. Sommers Law Group also represents
classes of employees who have had their rights violated.
SOMMERS.LAW.GROUP
870 Market Street, Suite 1142
San Francisco, California
(415) 839-8569
info@sommerslaw.com
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Did your
boss pay you correctly?
Overtime Exemptions: Many employers attempt
to classify their employees as "exempt" from overtime laws by
labeling them "managers" and "administrators." However, if an
employee labeled a "manager" spends most of his or her time
working alongside the other employees doing the same job, then
the employer must pay overtime.
There are three major categories of exemptions from overtime
laws: the administrative, executive and professional exemption.
For an employee to be qualified for on of these exemptions,
he or she must spend more than 50% of there working hours performing
actual administrative, managerial, or professional duties. Other
requirements also apply.
Meal and Rest Breaks: In a typical 8 hour
shift, California companies must permit their employees to take
a _ hour lunch break and two 10-minute rest breaks. If an employer
fails to do so, the employee must be paid an hour of pay. California
employees can sue for missed meal and rest breaks for meal and
rest periods missed up to three years ago.
Full pay when you leave your job: Often, when
an employee quits or is fired, the employer does not pay that
employee their full last paycheck, with accrued vacation and
personal time off. Under California law, employers who willfully
refuse to pay their employees upon termination may be penalized
in an amount equal to 30 days wages. This penalty is known as
a "wait time" penalty, because the employee had to wait to be
paid.
Commissions: Often, sales agents leaving their jobs don’t
get the paid their full commissions after they leave. However,
California law dictates that the person who "shakes the tree"
gets to keep "the fruit."
Business expenses: Sometimes employers require
their employees to shoulder the costs of running the business.
That's unlawful in California. For example, if a restaurant
customer eats and then leaves without paying for the meal, California
law recognizes that as a cost of doing business, the employer
may not pass that amount onto the waiter. Most business expenses
cannot be passed onto the employee. Even if an employee breaks
the employer's equipment, the employer cannot "ding" the employee's
paycheck for repair costs.
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