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If your Oakland employer has failed to comply with these vital workplace protections, the law is on your side. While some breaks may be waived by mutual consent, they cannot be revoked by an employer without your approval.
In California, the law guarantees employees overtime pay at a rate of one and a half times their hourly rate if they work more than 40 in a given week or over 8 hours on any given day. An employee is entitled to double their regular rate of pay where they work over 12 hours on any given day. Employees are also entitled to uninterrupted meals and rest breaks during their workday.
Work that is “off the clock” is any work performed for an employer that is not compensated at either the regular or overtime rate. “Off-the-clock” work varies by employer and even industry. Essentially, all job-related activities that benefit the employer should be part of the employee’s paid time.
An employee who is terminated or laid off must be paid all of his or her earned and unpaid wages, including unused vacation or other paid time off, at the time of termination.
Employers sometimes improperly classify their employees as “managers” or as “independent contractors,” to prevent those employees from receiving meal and rest breaks or overtime. An employee who is classified as a “manager” but required to do non-managerial tasks may be entitled to unpaid overtime as well as compensation for meal and rest period violations.
Similarly, an employee who is improperly classified as an independent contractor, but treated like an employee, may be entitled to compensation.
“Tip pooling” is the practice of gathering some or all of the tips earned by several employees, and then splitting them up in previously-agreed percentages. In California, employer-mandated tip pooling is generally considered legal, as long as certain conditions are met.g, firing, promotions, and job assignments.
Commissions are earnings based on a percentage of the price of goods or services an employee sells. A written commission agreement determines when the commissions are considered earned.
Once the commissions are earned, California’s regular payday laws apply. This means you must be paid at least twice a month, including any commissions that you’ve earned.
Our Practices are Guided by Integrity. We’ll protect what you deserve.
We work tirelessly and fight tenaciously to hold rights abusers accountable.
If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.
Legal cases can be lengthy, complicated, and confusing. We understand how difficult it is for an individual to navigate the California courts and legal system to redress violations faced at work. That’s why our experienced Oakland overtime, wage theft, and unlawful pay lawyers will be your partners so you don’t have to take on the system all by yourself. We take the time to understand your predicament, do the legwork to investigate your employer, gather all the necessary information, and advocate for you tirelessly.
If you believe someone has violated your individual rights or the rights of a group of people in your community, we can help you find the right course of action. Our team of Oakland overtime, wage theft, and unlawful pay lawyers will help you understand your rights and take action. At Matern Law Group, we believe in neighbors helping neighbors. Let us put our legal knowledge and experience to work on your behalf.
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