Wage & Hour Attorney in Los Angeles

Millions of Dollars Obtained for California Employees

California has a large number of laws that govern the terms and conditions of an employee's employment.

Specifically, in California, there are laws regarding:

• How much an employee is to be paid.
• What constitutes hours worked for which an employee must be paid.
• What constitutes overtime hours for which an employee must be paid overtime wages.
• When an employee must be paid.
• What must be included in a pay statement.
• When an employee is to be provided a meal break.
• When an employee is to be provided a rest break.
• What expenses an employer must reimburse an employee for.
• When an employee must be paid upon the termination of employment.

California's wage and hour laws offer substantial protection to employees and are designed to ensure that employees are properly paid for the work that they perform and that they receive the meal and rest breaks that they are entitled to.

If it is believed that an employer is not complying with the law, call Malatesta Law immediately. If the employer has violated the law, an employee may be entitled to receive substantial monetary compensation.

Malatesta Law offers a free consultation and always has time to speak with employees. Call (424) 284-1384 for a free consultation.

Minimum Wage

All non-exempt employees must be paid at least the minimum wage for all hours worked. This requirement applies to all non-exempt employees, irrespective of whether the employee is paid on an hourly basis, a commission basis, or piece rate basis.

Common examples of the failure to pay the minimum wage for all hours worked include the following:

An employer does not pay employees for the time they spend before and after their shifts performing required work activities.

Examples include:

• A drug counselor at a prison is required to go through several security checkpoints to reach her workplace and start her job duties. The drug counselor is not compensated for the time she spends before and after her shift going through the prison's security checkpoints.
• An employee at a chemical processing plant is required to wear protective gear and a breathing apparatus in order to do his job. The employee spends approximately fifteen minutes before and after his shifts putting on this equipment. The employee is not paid for this time.

An employee is only paid commission and is not separately compensated for the time he or she spends performing required work activities for which commissions could not be earned.

Here’s an Example:

• An employee who is paid on a commission basis is required, in addition to selling goods, to perform tasks for which he cannot earn commissions. For example, the employee is required to spend significant time each week stocking inventory, attending staff meetings, and cleaning the store. The employee is not able to earn commissions while performing these activities because he cannot make sales while performing these tasks. Consequently, since the employee cannot earn commissions while performing these tasks, he must be separately compensated for all of the time he spends performing non-sales activities.

An employee is paid on a piece rate and/or commission basis and is not separately compensated for the time spent on rest breaks.

Here’s an Example:

• An employee who is paid on a commission and/or piece rate basis is not separately compensated for the time she spends on rest breaks. Since the employee cannot earn commissions or perform the work for which she earns a piece rate during her rest breaks (a rest break is by definition time off of work), the employer must separately compensate the employee for this time.

Damages for Failure to Pay Minimum Wages

If an employer does not pay an employee at least the minimum wage for all hours worked, the employee can recover the wages they were not paid, interest, penalties, costs, and attorney's fees. The failure to pay the employee minimum wages may also trigger additional violations of the Labor Code that could allow the employee to recover additional damages.

Employees work hard and should be paid for all of the time they spend working for their employer. If an employee has not been paid for all of the hours they have worked, call Malatesta Law at (424) 284-1384 immediately.

Overtime Wages

The California Labor Code requires employees to be paid overtime wages for every hour of overtime worked.

California Labor Code Section 510 establishes that 8 hours of labor constitutes a day's work and that any work in excess of 8 hours in one workday, as well as any work in excess of 40 hours in one workweek, and the first 8 hours worked on the seventh day of work in a workweek, must be compensated at 1.5 times an employee's regular rate of pay.

The California laws are outlined below:

• If an employee works more than eight hours in a day, an employee must be paid one and one-half times their regular rate of pay for each hour over eight.
• If an employee works more than 40 hours in 1 week, an employee must be paid 1.5 times their regular rate of pay for each hour over 40 in a workweek.
• If an employee works seven straight days in a week, an employee must be paid one and one-half times their regular rate of pay for the first eight hours of work on the seventh day.
• California Labor Code Section 510 further establishes that any work in excess of 12 hours in 1 day, and any work in excess of 8 hours on any seventh day of a workweek, must be compensated at 2 times an employee's regular rate of pay.
• If an employee works more than 12 hours in one workday, an employee must be paid 2 times their regular rate of pay for each hour over 12 hours that he or she works.
• If an employee works more than eight hours on the seventh day of their workweek, an employee must be paid two times their regular rate of pay for each hour over eight hours that he or she works.

Damages for Failure to Pay Overtime Wages

If an employer does not pay an employee the overtime wages he or she has earned, the employee can recover unpaid overtime wages, interest, penalties, costs, and attorney's fees. The failure to pay overtime wages may also trigger additional violations of the Labor Code that could allow the employee to recover additional damages.

An employee deserves to be paid overtime wages for each overtime hour they worked. If they have not been paid the overtime wages they have earned, call Malatesta Law at (424) 284-1384 right away.

Meal Breaks

When is an employee entitled to a meal break? If a non-exempt employee works at least 5 hours, they must be provided with a 30-minute meal break. If a non-exempt employee works at least 10 hours, they must be provided with a second 30-minute meal break.

Here’s an Example:

• If a non-exempt employee's work shift begins at 9:00 A.M. and her shift lasts more than five hours, she must be provided a lunch break before 2:00 P.M., the end of her fifth hour of work. If the employee's shift continues and lasts more than 10 hours, she must be provided a second meal break by 7:00 P.M., the end of her tenth hour of work.

What Constitutes a Lawful Meal Break?

To be a lawful meal break, an employer must:

• Permit an employee an opportunity to take a meal break;
• Relieve an employee of all of their work duties;
• Relinquish control over how the employee spends their time; and,
• Not discourage an employee from taking such a break.

A meal break is an employee's own personal time. An employee can, and should, spend this time however he or she chooses. An employer cannot make an employee work or restrict what an employee does, during his or her meal break.

Does an employer need to compensate an employee for the time he or she is on a meal break? No. An employer does not need to compensate an employee for the time the employee is on a meal break.

Damages for Failure to Provide Meal Breaks

For each day that an employee is not provided a meal break, he or she is entitled to one hour of additional pay for that day. Importantly, the one hour of additional pay is in addition to the compensation that the employee must receive for the time they spent working during their meal break. An employee can recover up to four years of damages for an employer's failure to provide meal breaks.

If an employer does not provide meal breaks employees are entitled to, call Malatesta Law at (424) 284-1384 today.

Rest Breaks

When is an employee entitled to a rest break? An employer must authorize and permit an employee to take a 10-minute rest break for every 4 hours, or major fraction thereof, that an employee works.

Summary of When a Non-Exempt Employee Should Receive a Rest Break:

• If an employee's shift is less than three and one-half hours, no rest period needs to be permitted.
• If an employee's shift lasts between three and one-half hours and six hours, one rest period should be permitted.
• If an employee's shift lasts more than 6 hours up to 10 hours, two rest periods should be permitted.
• If an employee's shift lasts more than 10 hours up to 14 hours, three rest periods should be permitted.

Does an employer need to compensate an employee for the time the employee is on a rest break? Yes. An employer must compensate an employee for the time the employee is on a rest break.

What Constitutes a Lawful Rest Break?

To constitute a lawful rest break, an employer must relieve an employee of all of his or her duties and relinquish any control over how the employee spends his or her time. An employee cannot be "on-call" or "on-duty" during a rest break. To summarize, a rest break is an employee's own, personal time off of work.

Damages for Failure to Provide Rest Breaks

For each day that an employee does not receive a rest break, an employee is entitled to one hour of additional pay for that day. An employee can recover up to four years of damages for an employer's failure to provide rest breaks.

If an employer does not permit workers to take rest breaks, call Los Angeles wage and hour attorney Andrew J. Malatesta at Malatesta Law.

Reimbursement of Business Expenses

An employer must reimburse an employee for all necessary business expenses that an employee incurs while working on behalf of the employer.

Examples of expenses for which an employee must be reimbursed:

• Cell phones: A refrigerator repairman uses his personal cell phone to set up appointments with individuals who have contacted his employer's company for repairs. The repairman is entitled to be reimbursed for a portion of the cost, and the use, of his personal cell phone.
• Uniforms: An employer requires that its employees wear a shirt with the company's logo embroidered on it. The employer requires that the employee pays for the cost of the uniform. This is unlawful and the employee is entitled to be reimbursed for the cost of the uniform.
• Mileage: An employer requires its employee to drive two hours away to meet with one of the employer's customers who is unhappy about an order that he placed. The employee drives his personal car to the meeting. The employer must reimburse the employee for the employee's mileage.

Damages for Failure to Reimburse for Business Expenses

If an employee is not reimbursed for necessary business expenses, the employee can recover the number of expenses they incurred, interest thereon, costs, and attorney's fees.

An employee should never be forced to shoulder the cost of their employer's business expenses. If an employee has been forced to incur business expenses for their employer and has not been reimbursed, call Malatesta Law immediately.

Payment of Wages upon Termination of Employment

The California Labor Code provides strict timelines for the payment of wages to an employee who quits or whose employment is terminated. If an employee's employment is terminated, all wages that the employee has earned must be paid to the employee immediately. If an employee quits or resigns his or her employment, all wages that the employee has earned must be paid to the employee within 72 hours.

Damages for Failure to Timely Pay Wages upon Termination

If an employee's employment is terminated and the employee is not immediately paid all of their earned wages, the employee is entitled to receive 1 day's pay for each day that the employee does not receive their earned wages for up to 30 days.

If an employee quits his or her employment and is not paid all of their earned, unpaid wages within 72 hours, the employee is entitled to receive 1 day's pay for each day that they do not receive their earned wages for up to 30 days.

Here’s an Example:

• An employee earns $20 per hour and works 8 hours per day ($160 daily wage). The employee's employment is terminated but her employer does not immediately pay her the wages that she has earned but which she has not yet been paid. The employee does not receive her final check for her earned, unpaid wages until 25 days later. As a penalty for the late payment of the employee's wages, the employee is entitled to receive his or her daily wages for 25 days, or $4,000 ($160 x 25).

When employment ends, workers deserve to be promptly paid all of their earned, unpaid wages. If that has not happened, call Malatesta Law immediately at (424) 284-1384 and speak with a knowledgeable wage and hour attorney in Los Angeles.