Sacramento Law Group helps employees receive compensation for overtime, sleep time, withholding of final paycheck, wrongful termination, and discrimination. Actionable discrimination can take many forms and includes racial, disability, age, sex, gender, and pregnancy discrimination. If you have been the victim of wage and hour violators or discrimination contact Sacramento Law Group at (916) 596-1018.
Withholding of Final Paycheck – Unpaid Final Wages
One of the most common wage and hour violations is the failure to pay all wages due upon the termination or resignation of an employee. Pursuant to California Labor Law, when an employee is terminated or gives 72 hours notice of resignation all wages (including accrued vacation, sick and paid time off) must be paid to the employee on their final day of work. If the employer fails to pay final wages on the last day of work the employee is entitled to recover a waiting time penalty equal to their daily rate of pay multiplied by the number of days wages were wrongfully withheld up to a maximum of 30 days.
Many employees who were not paid their final wages on their last day of employment are entitled to several thousand dollars in waiting time penalties.
Overtime violations are another common employment law violation. For many employees their right to overtime premiums under California law begins after 8 hours of work in a day or 40 hours of work in a week. However, the rules for overtime premiums differ with occupation, so you will need to speak with an attorney to determine whether you are entitled to back overtime pay.
Most employees are entitled to 30 minute off-duty meal period for ever 5 hours worked. Violation of this requirement obligates the employer to pay the employee 1 hour of pay at the contracted rate of pay for each day the meal period is not provided. However, there are some exceptions. Instead of an off-duty meal break, you may take an on-duty paid meal break if the nature of your work prevents you from taking an off-duty meal break & you agree in writing to take a paid on-duty meal break. Likewise, if the workday is less than 6 hours the unpaid meal break can be waived by mutual consent. Furthermore, there are some exceptions for caregivers, workers in the healthcare industry and other professions.