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Main: (858) 558-9400
Direct: (858) 381-5152
Fax: (858) 876-1895
bjex@keeganbaker.com
For Employees
California's labor laws are among the most protective in the nation, and the obligations employers owe to their employees are detailed and complex. In today's competitive business climate, some employers may deny workers these employment rights and benefits to maximize corporate profits.
Unpaid Wages
The law requires employers to pay employees for all hours worked from the time they are under their employer's control. Employers cannot ask employees to work off the clock
or to continue to have employees do seemingly small tasks before or after their shifts. Similarly, employers are required to pay employees for all prep time
above and beyond approximately 10 minutes. If you have been required to work off the clock, or are not being paid for prep time, you may have a claim for unpaid wages.
Unpaid Overtime
Both federal and California law requires employers to pay their employees for all overtime worked. In California, overtime is earned after 8 hour worked in one day, or more than 40 hours worked in a week. Although employers can set up an alternative work week schedule, e.g., 4 10s,
there are strict requirements that employers must meet to properly implement an alternative work week without paying employees for overtime.
Missed Meal/Rest Periods
Employees are entitled to take certain meal and rest periods every day they work. During these times, they must be relieved of all job duties – no multi-tasking is allowed during these meal and rest breaks. Some employers may pressure their employees to work through their meal and rest breaks, or to engage in light
duties while taking their breaks. For instance, a server at a restaurant may be asked to fill out paperwork or field questions during their meal break. If you are not being provided meal and rest periods, you may be owed compensation for missed meal and rest periods.
Wrongful Termination
California is a right to work
state, although it is more accurate to say we live in a right to be fired
state. An employer can fire an at-will employee for almost any reason, and an employee's only recourse may be to file for unemployment insurance benefits. However, employers cannot fire someone for being a woman, or belonging to the Jewish faith, or being born in Mexico. People also cannot be fired for refusing to break the law. If you believe you have been wrongfully terminated, think about what documents and witnesses would support your case, and then please call us.
Retaliation
Retaliation and “whistle-blower” cases can be very stressful and very contentious. People usually know right away if they have been the victim of unlawful retaliation. If you believe you have been the victim of unlawful retaliation, think about what documents and witnesses would support your case, and then please call us.
Discrimination
Every person who shows up to work deserves an equal playing field, no matter who they are or what their background is. It's amazing, but even in the 21st century, people are still being discriminated against based on 19th century attitudes, prejudices, and ignorance. Even worse, when someone has been the victim of discrimination and try to seek help, they may face skepticism and talk about playing the race card
. We understand that unlawful discrimination occurs every day across the country, and we're here to help.
Prevailing Wages
The federal government and the State of California spend billions of dollars per year on publicly-funded construction projects. The federal prevailing wage law, known as the Davis-Bacon Act of 1931 and its California counterpart, California Labor Code §§ 1771 et seq., requires that constructions workers on these projects receive fair wages and benefits for the work they perform. Both state and federal prevailing wage protections are afforded to any laborer, mechanic or other worker employed on a public works project. These rates are often greater than wages earned by workers employed in private construction projects. Both contractors and sub-contractors on public works projects are charged with knowing and complying with all provisions of the prevailing wage law.
Some of the most common ways contractors and subcontractors violate prevailing wage laws are:
- Classifying an employee incorrectly to pay a lower wage;
- Forcing employees to work more hours than are reported;
- Forcing employees to work on private work for a lower wage while they are also employed on a public works project at the correct prevailing wage;
- Requiring overnight travel without paying the proper per diem rate;
- Forcing employees to bank hours;
- Keeping employees off the book or paying wages in cash;
- Not treating a project that was funded, in whole or in part, with public funds as a prevailing wage job.
Misclassification
Improper misclassification typically falls into two categories:
- Non-exempt employees that are misclassified as exempt employees, such as assistant managers, customer service representatives, and loan processors; and
- Employees that are misclassified as independent contractors, such as salespersons, customer service representatives, and truck drivers.
- Non-exempt employees are entitled to many more benefits and protections than independent contractors and exempt employees are. They are also more expensive to employ, which creates an incentive for employers to misclassify them. If you think you may have been misclassified, call us today and after a brief interview we can determine if you have been misclassified.
Reporting Time
California lawmakers have determined that anyone who sacrifices their time to show up at work when their employer tells them they need to be there deserves to be paid for at least 2 hours of their time at their regular rate of pay. If you have an “on-call” or “standby” shift and report to work, but are not put to work, then your employer owes you at least 2 hours of compensation. In our experience, employees in the restaurant, hospitality, and construction industries are most likely to be deprived of reporting time pay. If you are not being properly paid for reporting time, call us to discuss your rights.
Other
Employment laws cover a broad category of legal offenses. Although some sites try to describe every possible claim under the sun, this site focuses on only the most common legal claims. However, we represent aggrieved employees for almost all categories of claims, and would be happy to discuss your situation with you, even if it's a claim that's not listed above.