Post Legal Group
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Wage and Hour Issues
Services for Employees
Discrimination and Harassment
Medical Accommodations and Leaves
Off-the-clock work — An employer must pay employees for all work performed that benefits the employer. If your employer has asked you to do things before or after your shift, work from home, or during your lunch break, you may be entitled to wages for that off-the-clock work.
Minimum wages — Most employees in California must be paid the minimum wage as required by state law, currently $8.00 per hour. Starting in 2012, employers in San Francisco must pay their employees $10.24 per hour.
Unpaid wages — It is a violation of California's labor laws for an employer to fail to pay wages in a timely manner, including commissions and bonuses owed to employees.
Overtime pay — In California, employers must pay workers at an overtime rate for hours worked in excess of 8 hours per day or 40 hours per week. There are limited exceptions to this general rule, and they are strictly construed against the employer. If you are classified as exempt from overtime by your employer, but exercise little independent judgment or discretion, you may be mIsclassified and entitled to overtime compensation.
Regular rate violations — An employer must pay its employees overtime based on their "regular rate," which may not be the same as an employee's hourly rate. If an employee receives bonuses, commissions, or shift differentials, the regular rate is likely higher than the employee's hourly rate.
Meal and rest breaks — If an hourly employee works more than five hours in a shift, the employer must provide a 30 minute off-duty, uninterrupted meal period. An employer must also allow its hourly employees to take a 10 minute rest break if they work shifts four hours or longer. If your employer denies you these breaks or requires you to work during them, you may be entitled to additional wages for that work.
Reporting time pay — If an employer schedules employees to work, but sends the employees home without working at least half of the scheduled shift, the employee may be entitled to additional pay of between two and four hours.
Reimbursement of business expenses — California labor law requires that employers reimburse employees for all legitimate business expenses. Typical violations include failure to pay mileage for the use of an employee's personal car during work hours, cell phone expenses, uniform costs, or the like.
Unauthorized deductions from paychecks — It is a violation of California labor law for an employer to require an employee to reimburse it for business losses, such as unpaid checks, lost or broken equipment, or stolen merchandise, for example. When an employee has a legitimate debt to an employer, the employer may not deduct the debt from an employee's wages. The employer must seek payment using the same procedures any other creditor would use.
Final paycheck — An employer must pay a terminated employee all wages at termination. If an employee gives at least 72 hours of notice, the employer must provide the employee with his or her final paycheck at termination. If an employer fails to provide a timely final paycheck, the employee may be entitled to upto 30 days of wages in waiting time penalties.
At Post Legal Group, we provide our clients with high quality representation personalized for their unique needs. We are available to discuss your concerns 24 hours a day, 7 days a week.
We provide representation to clients on all employment related claims including the following:
An employer may not base employment decisions on a "protected category" of an employee. Protected categories under California law include, among other things, race, religion, sex, gender identity, ethnicity, color, age, veteran status, marital status, pregnancy, and disability. If you believe that your employer has made an adverse employment action because of your membership in one of the above categories, you may have a claim. Potential adverse employment actions include firing, demotion, transfer, reduction in pay, failure to hire, or denial of promotion.
Injured, disabled, or pregnant workers, who are otherwise qualified to perform a job, may request an accommodation from their employer. The employer must provide an accommodation if it is reasonable and does not cause the employer an undue hardship. An accommodation isan adjustment or job modification that allows the employee to do the job. Reasonable accommodation could include the following: job restructuring, modified work schedules, purchasing new equipment or modifying equipment, making other changes in the workplace, or providing a leave of absence to obtain medical treatment.
To determine whether an accommodation is possible, an employer must engage in a good faith interactive process with the disabled employee. The process requires both sides to exchange information regarding the employee's limitations and potential accommodations by the employer.
If you have any question concerning your legal rights, please don't hesitate to contact us.
Wrongful Termination
California law presumes that unless an employer offers an employee a contract, the employment is presumed to be at-will. At-will means that the employer may fire the employee for any reason, except an illegal one. An employer may not fire an employee because of his or her race, religion, or sex, for example. An employer also may not fire an employee because the employee participated in protected activity, such as complaining of harassment, discrimination, or other violations of the law; filing a lawsuit against the employer; filing a workers' compensation claim; or participating in an investigation of the employer by a government agency.
Your submission of information through the above form does not create an attorney-client relationship with Post Legal Group. You must speak with an attorney and enter into a written agreement before Post Legal Group can agree to represent you.
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