With more than 30 years of experience, the lawyers at Keller Grover have secured over $100 million in recoveries for victims of wage theft. If you are an employee facing a dispute with your employer, you don’t have to face it alone. You have a right to seek out quality representation and a fair resolution. Our labor attorneys are dedicated to protecting the rights of employees. Examples of common employment violations include the following:
Unpaid Overtime
Many employees are told by their employer that they are “exempt” from receiving overtime compensation because they are salaried or have a certain title, like “Manager.” In many cases this is not true. California law requires that, regardless of any title an employee may hold, overtime pay is required if the employee does not meet all of a particular overtime exemption’s requirements.
Meal & Rest Break Violations
With few exceptions, non-exempt or “hourly” employees are entitled a 30 minute unpaid meal period after no more than five (5) hours of work. Failure to receive the required meal period in a timely fashion entitles the employee to an extra hour of pay.
Misclassification Claims
Many employees are told by their employer that they are “exempt” from overtime because they are salaried or because they have the title of “manager.” This in many cases is not true. Another type of misclassification includes being called an “independent contractor” when a person is, in fact, an employee. Other employers claim employees are exempt from overtime wages because they are “inside salespeople.”
Unreimbursed Expenses
Employers are required to fully reimburse employees for work related expenses or losses. Under California law, employers may not place artificial limits on expenses, or base reimbursement on an employee’s position or salary.
Off the Clock Claims
Employees must be paid for all the work they perform on behalf of their employer. Many employers improperly pressure employees to perform work either before they clock in and/or after they clock out.
Independent Contractors
In determining whether an individual is a true independent contractor or really an employee, courts will look beyond any written agreement between the parties and examine an established list of factors, such as whether the work is part of the regular business operation of the employer; whether there is any true opportunity for profit or loss depending on the contractors own business judgment; and whether the contractor performs work for other employers.
Wrongful Termination
In California, an employment relationship with no specified term is generally considered to be “at-will.” Under an at-will employment relationship, the employer or employee can terminate the employment relationship upon notice to the other party. No reason or justification has to be provided by either party. An employer can terminate an employee at any time without providing justification and the employee is free to quit at any time.
Discrimination & Harassment
Workplace discrimination can occur under a range of categories in accordance with employment law; however, there are some discriminatory acts that are not legally actionable or do not fall under outlined protected categories. Protected categories include racial discrimination, age discrimination, religious discrimination, disability discrimination, pregnancy discrimination, gender discrimination, and discrimination based on national origin.