San Diego's Premier Law Firm
Helping you understand your employees’ rights
We are proud to provide our clients with employment law compliance check-ups. On a yearly basis, we perform an audit for our existing clients who are employers, to make sure that they are complying with all relevant labor laws, and in the event that new laws have been adopted, discuss with them the ramifications for their businesses. We review the client’s compliance with wage and hour regulations, sick leave, and FMLA. The length of this process depends on the total number of employees, both full-time and part-time. We can help you understand your employees’ rights, regarding adequate meal and rest breaks, minimum wage requirements, overtime and child labor laws, so you know your business is operating lawfully from the get-go. While starting your own business can be extremely rewarding and fulfilling, the potential exposure to lawsuits can leave you in a high-risk position. Besides our compliance services, we are available to help you protect yourself and your business in the event that you believe that you might be imminently sued by a current and/or former employee. And in the event that you do receive a demand letter or a lawsuit, we’re available to provide you and your business with legal representation.
We represent individual plaintiffs in a wide range of employment matters against their employers
Wage and Hour – Minimum Wage Violations
We represent clients who have not been paid their hourly wages in full, whether it is because they simply were not paid for all hours worked, or if they were not paid a minimum wage, or were not paid their overtime correctly.
Meal Break
Violations
Under California labor law, a non-exempt employee is entitled to at a minimum, a 30 minute unpaid meal break that is off-duty. For a wide range of reasons, many employees do not receive compliant meal breaks from their employers. For example, if the employee is forced to work through their lunch hour, then they are not off-duty.
Rest Break
Violations
Under California labor law, an employee is entitled to a ten-minute paid rest break, every four hours. All California employees who work more than 3.5 hours in a day are entitled to a 10-minute off-duty rest break. Rest breaks are counted as hours worked and must be paid.
Unpaid
Overtime
In addition to the missed meal breaks, if an employer does not provide a thirty-minute unpaid meal break, but does not pay an employee for all hours worked (for example, if an employee has an 8.5-hour shift but is only paid for 8 hours), then the employee is entitled to be paid for the 30 minutes of unpaid labor.
Waiting Time
Penalties
California law requires employers to pay wages immediately to employees when they are terminated or resign with 72 hours prior notice. An employer must pay an employee all of their unpaid wages at the time of quitting or if provided 72 hours prior notice, the employer must make the final wages available on the employee’s last workday.
Independent Contractor Misclassification
Despite the ruling in Dynamex, employers continue to improperly classify their employees as independent contractors. This tactic helps employers save on payroll taxes, but leaves them wide-open to employee lawsuits, as employers mistakenly believe that by misclassifying their employees as independent contractors that they do not have to provide them with meal and rest breaks, or overtime.
Exempt Misclassification
Sometimes, employees may be improperly misclassified by their employers as “exempt employees,” which would prevent that employee from receiving certain benefits, such as mandated meal and rest breaks as well as overtime. However, an employer intentionally misclassifying an employee as exempt can have dire consequences.
Unpaid Commissions
California law, specifically Labor Code § 2751, requires employers that employ individuals as salespersons and are compensated with commissions to have a written commission agreement that is signed by both the employer and employee. Many employees are working as salespersons without a written commission agreement.
Sick Leave
Under CA guidelines, employees are entitled to a minimum number of sick leave hours, that can be earned over time. But sometimes employers try and dissuade or threaten their employees into not using their sick leave, which is against the law.
FMLA Leave
Under Federal and CA guidelines, employees are entitled to exercise their Family and Medical Leave Act rights. But employers still try and dissuade and punish their employees for using their FMLA time, creating a pretext for terminating employees who use it.
Contact Us Today
Are you ready to protect your business with top-quality legal services at affordable rates? Get in touch today, and learn how we can help your small business succeed!
