What are the Common California Labor Law Violations

California Labor law protects employees against employer violations. It specifies labor rights of employees and mandates employers to comply with the regulations.

Here are some of the most common California labor law violations:

1. Some employers misclassify workers as "exempt" to avoid giving overtime pay. The employer will give job titles as of an exempt employee even though actual job duties reflect more of a non-exempt. Employees can contest such misclassification and assert overtime pay.

Technical writers, salesmen, and workers who are on field-based work are often victims of misclassification.

 

Only professions which require key leadership roles and managerial duties (with at least two subordinates) can be classified as "exempt". 

Employees are entitled to a one and half times of usual rate for every hour worked in excess of eight hours a day or 40 hours per week. Also, employees are entitled to double pay for hours worked beyond 12 hours in a day. Employers are mandated to give double pay to employees who have worked beyond eight hours on the seventh consecutive day.

Employers are also mandated to give accurate wage rate as basis for computing the overtime hours. Employees can file a wage claim within three years from the date of employer violation.

2. Employees who are asked to continue work duties while having meal break. Employers are required by California labor law to provide undisrupted meal break. Employers who ask their workers to answer phone calls or perform related tasks while having their meal break are required to pay an hour's wage rate.

However, employees can choose to waive such right for a particular time.

Employees are entitled to a 30-minute meal break for every five hours of work. The employee can waive such right, if he/she has to render six hours of work only.

When the employee has to work for ten hours, he/she is entitled to two 30-minute meal break.

3. Employers refuse or fail to provide rest break. Some employers discourage rest break, which deprive employees from having a rest break. Such action constitutes a violation of California labor law.

Employees are entitled to a 10-minute rest period for every four hours of work. Though employees are not required to take rest break, employers can be penalized for discouraging entitlement to such right. Employers can face a penalty of an hour's wage for any day of violation.

Consult your Los Angeles employment lawyer to help you file a wage claim.



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