Labor law violations are violations of employees’ employment rights relating to non-payment or underpayment of minimum wage, overtime, meal breaks and rest breaks and even misclassifications by employers as exempt employees or independent contractors, among others. In order to fight for your right, the first thing to do is to know and be familiar with you employment and labor law rights under federal and state laws.
In terms of wage, California employers must pay employees at least the minimum wage of $8 an hour. This does not include the employee’s right to get other benefits to include overtime pay if necessary. Also, tips and other compensation should not be included in the computation of your minimum wage; otherwise, your employer will be in violation of California labor law on wage.
The same goes for overtime pay. California employers owe overtime pay equivalent to 1.5 times your regular wage rates for time worked past eight hours per day and 40 per week. If you also worked past 12 hours per day and past eight hours on a seventh consecutive workday in any week then you are entitled to double your hourly wage. If you don’t get your overtime or you get less than what is provided for by law, then you have a claim against your employer for California labor law violation on overtime pay.
Furthermore, you should know that you have a right to meal and rest breaks while at work. California employers owe a meal period of 30 minutes to employees who work more than five hours and a second meal period to employees who surpass 10 hours. You can waive these rights only if you work no more than 6 hours a day, otherwise, any denial of your employer to give you meal and rest break would open your employer to liabilities on account of labor law violation on meals and rest breaks.
Still, even in cases of emergency leaves, you should be aware that there are federal and California laws that state that employers cannot deny their employees emergency leaves on account of family emergency or tragedy like if you are seriously ill or your immediately family member is gravely ill or needs surgery or emergency medical treatment. If you asked for emergency leave and you are denied by your employer or you are allowed the leave but later on retaliated against for your request of the leave, then your employer is similarly guilty of violating employment and labor laws of California.
In any of the foregoing instances, you need to seek guidance for Top Employment Attorneys who have vast experience and resources in going against big employers and even large defense law firms to make sure that you get the best compensation you deserve.
Seeking compensation for your damages entail filing complaints, securing documents and electronic evidence to support your claim, as well as, obtaining witness declarations to strengthen your position, which is why, you should never try to settle your case on your own because you will be at a definite disadvantage as your employer has the resources and the connections to frustrate your claims. In any employment and labor law claim, rely on expert employment and labor law attorneys in California to guide you and fight for your rights.