Common Wage Violations
California takes serious care of their employees. This means that employees in California enjoy a wide array of employee protection like overtime pay when work exceeds 8 hours per day, rest breaks and meal breaks to name a few. California’s labor code can be mind-boggling for many, but this article is going to help you clear things by enumerating some of the common wage-related violations of the state. More importantly, this article is going to provide you with an idea on what to do in case you are a victim of such violations.
Common Wage Violations In California
* Minimum Wage Violations – After January 1, 2016, the minimum wage in California is set at $10 per hour. Some cities have an even higher minimum wage, like San Francisco’s $12.25 per hour. If you are receiving less than the required minimum wage, then you may be a victim of wage violations.
* Tip Credit – in some states, employers are allowed to pay less than the minimum wage just as long as the employee can make more than the prescribed minimum when factoring the employer’s wage plus tips. This is also known as a tip credit. However, in California, this does not apply. An employer must pay the minimum wage. This also means that the employees get to keep the tips.
* Overtime Violations – employees in California have the right to overtime pay. In fact, California has two kinds of overtime pay. There’s the one and a half overtime pay and double overtime pay. The specifics about the overtime pay can be confusing. Thus it’s best that you consults with a professional.
* Rest and Meal Break Violations – according to California’s labor code, employees are entitled to a rest and breaks. After the first 5 hours of working, an employee is entitled to a 30-minute unpaid break. After working 10 hours, an employee is entitled to a second meal break. Furthermore, for every hour hours, an employee is entitled to a 10-minute paid breaks.
Keep in mind that this is just a fraction of the common wage-related violations in California. If you think you are a victim of such violations, here’s what you can do.
What You Can Do About It
If you are a victim of a wage violation, then you can either submit a report through this website https://dir.tfaforms.net/53, or you can download this form https://www.dir.ca.gov/dlse/DLSE1_BOFE.pdf, fill it up and submit it to the Labor Commissions Office.
However, the best thing you can do is to consult with a California labor attorney. Don’t worry if you think you don’t have money to file a lawsuit. In most cases, if you have a strong case, you are not obliged to pay upfront. If you need help in this area, let us know.
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