Category: Labor

One of the basic tenants of the worker and employer relationship is that employees receive payment for the time they work. While this arrangement is supposed to be straightforward, some employers try to bend the rules or withhold payment to their employees. Because wage theft is one of the most common employment problems that workers face, every employee should be aware of some common ways that businesses withhold wages from workers and the steps you can take to get compensation. 

Some unscrupulous employers may attempt to withhold your overtime pay, or they may inaccurately calculate your wages. Workers should keep track of the time they work and compare that to their paycheck. Some businesses may also classify their employees as independent contractors so they can deny overtime payment and pay workers under the minimum wage. Misclassified employees may be able to get compensation from their employer for unpaid overtime, employment taxes and other forms of lost income. Additionally, keep in mind that nonexempt workers in California have a right to meal and rest breaks depending on the length of their shift.

The California Labor Code section 250 requires employers to give workers a 30-minute meal break if they work for more than five hours in a day. Employees who work at least three and a half hours in a day must receive a 10-minute rest break for every four hours worked or major fraction thereof. 

If you believe that your employer failed to pay your full wages, please call us at (818) 630-7280 to schedule a free consultation with an attorney.

Employment laws are constantly changing, and it’s important for employers to stay updated on new legislative requirements so they don’t unknowingly violate them. Under the new Senate Bill 1343 which will take effect January 1, 2021, employers with five or more employees (including temporary or seasonal), must provide at minimum two hours of sexual harassment training to supervisory employees and one hour of sexual harassment training to nonsupervisory employees.

Employers are mandated to provide this training within six months of hiring a new employee and once every two years thereafter. Additionally, a second bill was introduced to clarify that an employer who provided the required training and education to an employee in 2019 is not required to re-train that employee for another two years. Furthermore, there are two new requirements regarding the mandatory notices that must be posted in the workplace.

All employers covered by the California Family Rights Act (CFRA) and/or the New Parent Leave Act (NPLA) must post a notice explaining the Acts’ provisions and procedures. Employers with 20 to 49 employees must post new notices at their location, while employers with over 50 employees must update their existing notices. Lastly, this new regulation requires that employers updated their handbook to include a description of the CFRA and/or NPLA leave information by April 1, 2019. While these changes may seem minor, it is crucial that employers abide by these new regulations and make the necessary adjustments in order to avoid liability. If you or someone you know has an employment issue and is in need of legal assistance, please call our office at (818) 630-7280 to schedule a free consultation with an attorney