Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney
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unpaid wages Archives

State mulling over broadening employee protections

Long known for being a progressive state when it comes to protecting the rights of workers, the State of California is now considering whether to require workers now treated as independent contractors to be provided with the full protections of employees.

Off-the-clock work is often illegal; always problematic

For those who work on an hourly wage in California, their livelihood, to a great extent, depends on the time clock. The more hours they work while clocked in, the more they get paid. Moreover, a precise count of how many hours they have devoted to their jobs is necessary to figure out whether they are entitled to overtime for a given pay period. This is one reason why so-called off-the-clock work is almost always problematic and, on many occasions, prohibited under both federal and California law.

Sick and vacation time can raise issues with unpaid wages

California employers do not have to offer vacation time, or, for that matter, flexible paid time off, to their employees at all. However, if they do choose to offer vacation time, then the benefit must comply with California's laws.

Independent contractor classification and unpaid wages

Companies in Los Angeles have to rely from to time on others to perform tasks like cleaning the restrooms or fixing a leaky faucet. Likewise, businesses may bring in consultants or other specialists to handle a particular specialized task, like installing better information technology.

California law requires paid breaks

In addition to federal laws, our state has its own set of laws and regulations that require employers in Los Angeles and throughout this state to afford periodic breaks to their employees. Here, employers must allow hourly employees a break for every four hours worked. The break requirement also applies to every major fraction of four hours worked, and state regulators have interpreted this to include any time worked over two hours. However, an employee must work at least 3.5 hours on a given day in order to be entitled to a break.

DOL proposes salary increase for white collar overtime exemptions

Earlier this month the United States Department of Labor announced a proposed rule change regarding the minimum salary required to qualify as exempt from overtime pay under the federal Fair Labor Standards Act white collar exemptions. A white collar worker is one who is employed in an executive, administrative, or professional position.

What should I know about unpaid wages for overtime in California?

In California, many of workers are eligible to receive overtime if they go beyond their regular work hours. However, it is not uncommon for employers to fail to pay these workers and be guilty of committing a violation related to unpaid wages. Often, workers are not even aware that they were supposed to get overtime under the law. In other instances, they are concerned about their job status if they file a complaint over unpaid wages.

What are the rules regarding lunch breaks in California?

Many nutritionists say that lunch is the second most important meal of the day, and a lot of workers probably agree with this. Lunch, regardless of what time of day it is eaten, helps employees with performing for the rest of their working day as well as for the trip back home. Are employers here required to give their employees a lunch break? This blog post will briefly describe the rules employers must follow regarding meal periods

What is the process for filing a complaint to get unpaid wages?

Payday comes and a worker finds that they have not been paid at all, or maybe, they were only paid part of the amount they earned. As many federal government employees can attest, this is a very frustrating -- and potentially financially catastrophic -- situation. What should an employee in California do if they have been illegally denied some or all of the pay they are owed? This blog post gives a quick overview of the process for filing a complaint with the U.S. Department of Labor's Wage and Hour Division.

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