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Wage & Hour

Most Recent Posts in Wage & Hour

Independent Contractor or Employee?

By Malatesta Law on November 30, 2018

Are You Really an Independent Contractor?

Employer’s regularly violate California law by categorizing individuals who work for them as independent contractors when in actuality, the individuals are employees. Such misclassification is a violation of the law and a misclassified individual can recover significant damages from his or her employer.

Posted in: Wage & Hour

On-Duty Meal Periods – Are They Legal?

By Malatesta Law on November 15, 2018

Generally, an employer cannot employ a non-exempt employee for a period of more than five hours without providing that employee an off-duty meal period of at least thirty minutes.

Posted in: Wage & Hour

Vacation Pay — What To Know

By Malatesta Law on November 1, 2018

Under California law, employees have no legal right to vacation pay. As such, employers do not have to provide their employees with any vacation pay.

While employers do not have to provide their employees with vacation pay, it is standard practice for employers to do so. Employers often grant employees vacation pay by way of the employer’s policies and practices, an employee’s employment contract, or a collective bargaining agreement.

Posted in: Wage & Hour

An Employee’s Wage – Information to Know

By Malatesta Law on October 15, 2018

California law defines a wage as “all amount for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard for time, task, piece, commission basis, or other method of calculation.” California Labor Code Section 200(a).

Posted in: Wage & Hour

Are Cell Phones a Reimbursable Business Expense?

By Malatesta Law on October 1, 2018

The use of cell phones has become commonplace in today’s business environment. Employees in a myriad of different industries performing a wide variety of jobs use cell phones every day to carry out their job duties.

Posted in: Wage & Hour

Payment of Wages Upon Termination of Employment

By Malatesta Law on May 1, 2018

When an employee’s employment is terminated, they are owed all of their earned and unpaid wages immediately.

Posted in: Wage & Hour

Rest Breaks: What Employees Need to Know

By Malatesta Law on April 1, 2018

Non-exempt employees must be provided with paid rest breaks.

Posted in: Wage & Hour

Payment of Wages at the End of Employment: What to Know

By Malatesta Law on March 9, 2018

Payment of Wages Upon Termination of Employment

When an employee’s employment is terminated, they are owed all of their earned and unpaid wages immediately.

Posted in: Wage & Hour

What Damages Can an Employee Receive for an Employer’s Violations of California Wage and Hour Laws?

By Malatesta Law on February 1, 2018

Damages for Failure to Pay Minimum Wages

If an employee is not paid at least the minimum wage for each hour that he or she works, the employee can recover:

Posted in: Wage & Hour

What Information Must Be On An Employee’s Wage Statement?

By Malatesta Law on January 30, 2018

California law requires that every time an employer pays an employee wages, the employer provide the employee with a wage statement that accurately shows the following information:

Posted in: Wage & Hour