In California, wage and hour lawsuits have been increasingly filed in recent years. This is due to evolving employment laws, employee awareness, and employers that do not fully understand the law. Failing to properly pay employees for the hours they work can lead to legal issues for employers regardless if it was intentional or not. Many employers do not keep current with California’s wage and hour laws and do not consult with wage and hour defense attorneys which can leave them open to lawsuits filed by employees for not being compensated according to state and federal employment laws.
Paid Rest Breaks
When workers put in a certain number of hours they are eligible for a paid rest break. This generally amounts to a minimum of 10 minutes for every four hours worked. Paid rest periods are not optional, meaning an employer must provide these breaks to employees. An employer cannot mandate that an employee work through a rest break or sanction an employee for not working during a rest period. If your business has been accused of not providing paid rest periods, contact our wage and hour defense attorneys.
Unpaid Meal Breaks
By law, employees are entitled to, at minimum, a 30-minute meal break if they work more than 5 hours in a workday. The meal break must be given no later than the fifth hour after the employee is on the clock. A second unpaid meal break must be provided to an employee when he or she works more than 10 hours. In order for an employer to be in compliance, the employee must be relieved of their duty and the employer must relinquish control over the employee’s activities. If an employer fails to provide unpaid meal breaks, the employee may take legal action. Contact our wage and hour defense attorneys if your business has been accused of not providing unpaid meal breaks.
Generally, an employer is required by law to pay overtime to an employee if he or she works more than eight hours in a workday or greater than 40 hours in a workweek. Some exceptions might apply with alternative work schedules.Calculating when and how much overtime is required to be paid to an employee can be confusing to employers. Regardless of mistake or confusion, overtime hours are still due to an employee that earned them. If your business has been accused of failing to pay overtime, contact our wage and hour defense attorneys today.
Our Wage And Hour Defense Attorneys
If you have been accused of wage and hour violations, our wage and hour defense attorneys can help. Arata, Swingle, Van Egmond & Goodwin is a law firm consisting of premier wage and hour defense lawyers. We are known for our attention to detail, thorough trial preparation, strong negotiation skills, and proven track record of results in the courtroom. Let us put our experience to work for you. Tell us about your situation, contact the wage and hour defense attorneys at Arata, Swingle, Van Egmond & Goodwin at (209) 522-2211.