As an employee in California, you have the right to sue your employer if you have experienced a withholding of wages, have been forced to miss work breaks, or have been deprived or cheated out of compensation for work-related expenses. Employees are protected by law under the California Labor Code and Fair Labor Standards Act (FLSA).
At the Stanley C. Franklin Law Firm we represent individuals where employers have violated a Federal employment or labor law and/or state employment or labor law. We represent individuals where employers violate laws in the form of unpaid wages, unpaid overtime, forcing employees to miss meal breaks and rest breaks, unlawful pay deductions, failure to receive proper wage earning documentation and failure for reimbursement of required workplace related expenses (mileage, tools, products).
Specifically, in California, an employer is responsible for ensuring the following:
Overtime and Double-time
Employers are required to abide by State and Federal employment laws by paying employees who have worked beyond an eight hour day or forty hour work week, in overtime pay or double time pay. If wages have been withheld for overtime, an employer may be violating California and Federal Law.
For every four hours worked, an employee is entitled to a ten minute rest period.
In California, non-exempt employees who work for more than five hours are entitled to a thirty-minute uninterrupted lunch break.
From our experience, we have also found that if one employee has been subject to and a victim of a wage and overtime violation, it is likely that other employees have also been subject to similar violations. If you believe or suspect that your employer is violating any of California’s employment and labor laws and has also violated the rights of other employees, you may be able to file a class action lawsuit. If a class action lawsuit is filed, an individual employee can file a complaint against an employer on behalf of similarly situated employees.
If you believe you have been a victim of a wage and overtime violation, or know other similarly situated people who have also been a victim of a wage and overtime violation, contact the Stanley C. Franklin law firm where we can evaluate your claim and advise you of your rights.