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If your Orange County 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.
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.
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.
Employers and businesses wield significant power, and unfair treatment can upend an employee’s life. Discrimination and harassment can undercut an employee’s self-esteem, sense of safety, and mental and physical health. Often, our clients are eligible to receive compensation for the mistreatment they experienced. We will help you understand your rights as a California worker and guide you through the complicated legal system to obtain the justice you deserve.
Litigation is our specialty, and we believe all workers should be protected in the legal system. That’s why Matern Law Group works to empower, support, and champion each client. We are proud of our history of representing workers from across the state. Our clients come from all industries, backgrounds, and income levels. Our team has handled a variety of different disputes between companies and their employees. We have represented individual workers and groups of workers who experienced similar mistreatment. We care about protecting those who need it most. Whether or not you are familiar with the legal system or your rights as an employee, our attorneys and legal assistants will help you through the process and ensure a favorable outcome.
We aim to make our law firm more than just a business. With our team of experienced, tenacious employment lawyers, we are ready to protect your rights. If you believe you experienced illegal mistreatment, contact our team of attorneys and get a free consultation. You have a right to a safe, ethical workplace.
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