Wage and Hour Issues

Wage and Hour Rights

Workers in California (as in all states in the United States and pursuant not only to state but federal laws) have rights.  These rights are available whether you are a documented or undocumented worker.  Below, are a set of rules that would apply within the State of California if you are employed and you look to state law for guidance in terms of what protections a worker would have.  In the event you are not receiving these benefits you will have certain claims to recover monies which would be due you while certain heightened damages may be available as well including the right to have your attorneys fees paid should you prevail.

You have the right to be paid the minimum wage — Your employer must pay you no less than minimum wage of $6.75 per hour, whether the pay is measured by time, piece rate, commission or other method of calculation. With few exceptions, all wages earned are due and payable at a minimum of twice during each calendar month on your regular payday.

You have the right to be paid overtime — Your employer must pay you overtime pay (one-and one-half of your regular rate of pay) if you work more than eight hours per day or 40 hours per week.  If you work more than 12 hours per day, you are entitled to receive double time (twice your hourly rate).  Even if you are paid a set salary, you may be entitled to overtime compensation.  There are limited exceptions to the overtime rules.

You have the right to a 10-minute rest period — Your employer must give you a 10-minute rest period for every four hours worked or major fraction thereof.  To the extent possible, the rest period should be in the middle of each work period.  If your employer does not provide you a rest period, your employer must pay you one additional hour of pay at your regular rate of pay for each work period that the rest period is not allowed.

You have the right to a 30-minute meal period — Your employer must give you a 30-minute meal period if you work more than five hours. Your employer must relieve you of all work duty during your meal period.  If your employer does not provide you a meal period, or you perform work during your meal period, your employer must pay you one additional hour of pay at your regular rate of pay.

You have the right to accept gratuities (tips) — Employees who serve customers are entitled to receive any portion of gratuity payments from customers.  However, your employer may require a tip pooling arrangement for you to share your tips with waitpersons, buspersons and bartenders.  Tips cannot be used as payment toward the minimum wage.

You have the right to be provided tools and supplies necessary to do your work — Your employer must provide you the tools, supplies and uniforms necessary to do your job, at no cost to you.  If you earn two times the minimum wage, you may be asked to provide and maintain the hand tools required to do your work (i.e. chef knives, cooking utensils).  Your employer must provide you with regular workplace health and safety training.  If you are required to use your own vehicle for work-related responsibilities or purchase gasoline for a company vehicle, your employer must reimburse those expenses and compensate you for your travel time.

You have the right to a pay stub or wage statement every time you are paid your wages — Whether you are paid by check, in cash or otherwise, your employer must provide you a pay stub or a written wage statement showing: your employer’s name, address and telephone number; your gross wages earned; all deductions; and the dates for the period you are being paid.  You have the right to a regularly scheduled payday, and your employer must comply with the established payday.  Your employer must maintain these records about you, your work hours and your pay.

You have the right to be paid every time your employer asks you to report to work — Each workday you are required to report for work and you do report, but you are not put to work or you are furnished less than half of your usual or scheduled day’s work, you shall be paid for half the usual or scheduled day’s work, but in no event for less than two hours nor more than four hours, at your regular rate of pay.

You have the right to be paid for a split shift — A split shift is a work period interrupted by non-paid and non-working time periods established by your employer (and it is not a rest or a meal period). Split shifts are common for restaurant workers, who may be required to take an unpaid two hour break in the afternoon before starting the evening shift.  If you work a split shift, you may be entitled to an additional one-hour’s pay at the minimum wage.

You have the right to be paid all wages by your employer the same day you are terminated or within 72 hours of voluntarily quitting — If you are terminated, your employer must pay you all wages due immediately. If you voluntarily quit without giving 72 hours prior notice, your employer must pay you within 72 hours. If your employer fails to pay you, they may be penalized and required to pay you the equivalent of one-day’s wages for each day delayed in paying your wages (up to a maximum of 30 days).

You have the right to file a wage claim or speak with an attorney regardless of your immigration status and without retaliation from your employer — You have the right to recover unpaid wages without retaliation from your employer.  You may discuss labor issues confidentially with an attorney, and your employer may not discharge, demote, suspend or discipline you in any manner for this reason. You may take legal action if your employer retaliates against you because you engaged in such activity.

Wage claim tip: Keep your own time records — Write down every day the time you begin work, when you end work, the time you take your meal and rest breaks, the total hours you work and record your hourly rate.  Also write down each date that your employer pays you and the amount paid.

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