| | | | | entitled to one hour of pay for a missed meal or |
| A California labor law attorney has revealed the | | | | break period (limit one hour per day regardless of |
| four most common mistakes that employers | | | | number of breaks missed in a day) and the |
| make in violation of California overtime laws. | | | | statute can go back as far as four years for |
| Although California labor laws for breaks and | | | | recovery! Failure to provide a meal or break |
| lunches are clear, nevertheless employers tend to | | | | period could have a far reaching complication for |
| overlook something as simple as giving their | | | | employers who pay only minimum wage, and |
| employees a meal or rest break. While this is only | | | | could cause employees to fall below the California |
| one of our top three violations, it is often the | | | | minimum wage level. This could expose the |
| most overlooked. | | | | employer to serious and expensive penalties as |
| | | | | well. Employers are required to provide meals and |
| | | | | to protect themselves, should attempt to not |
| 1. The most predominant Employer mistake or | | | | only require that the breaks are taken timely, but |
| violation appears to be the failure to properly | | | | require that a record be kept to show compliance |
| classify managers and supervisors as exempt or | | | | with California labor laws for breaks and lunches. |
| non-exempt from overtime. Employers tend to | | | | |
| believe that just giving the employee the title of | | | | |
| manager or supervisor will suffice when it comes | | | | |
| to classifying such employees as exempt from | | | | 1. The fourth most common violation that a |
| overtime. If improper classifications are made, a | | | | California labor law attorney may discover is the |
| California labor law attorney may eventually come | | | | failure of employers to pay for expenses incurred |
| knocking and if he/she does, it could be | | | | by Under California Labor Code 2802. Employers |
| expensive. The fact of the matter is that under | | | | are required to reimburse employees for |
| California overtime laws, the job duties an | | | | expenses they incur in the discharge of their |
| employee performs and how much they perform | | | | duties. It is clear that California overtime laws are |
| these duties determines whether that employee | | | | not only strict, but so are many other California |
| is exempt from overtime or not. | | | | labor laws designed to protect the California |
| | | | | employee. Some common expenses that are to |
| | | | | be reimbursed are: non commuting mileage, cell |
| | | | | phone expense, internet expense, and office |
| 1. Another common (and somewhat overtime pay | | | | supplies. Many employers take for granted that |
| related) violation is providing comp time in violation | | | | failure to reimburse these expenses exposes |
| of California overtime laws. Comp time occurs | | | | them to possible California class actions as well as |
| when an employer requires an employee to work | | | | individual lawsuits. |
| additional hours beyond their standard shift | | | | |
| without paying overtime. The Employer then | | | | |
| allows the employee to come in the next day a | | | | |
| few hours late as “compensation.” This is | | | | It is suggested that you take the time to educate |
| unlawful if this act entails depriving the employee | | | | yourself about California labor laws as they relate |
| of California overtime pay based on the daily | | | | to those areas in your unique workplace. If you |
| overtime regulation. | | | | are unsure about interpreting certain California |
| | | | | overtime laws, and you feel there may be an |
| | | | | employer infraction or “mistake”, it is |
| | | | | recommended that you find a California labor law |
| 1. As briefly mentioned above, another common | | | | attorney and seek the proper legal advice and |
| violation is failure to abide by California labor laws | | | | counsel. Often employer violations are simply the |
| for breaks and lunches. Each employee that is non | | | | result of ignorance and/or a lack of understanding |
| exempt is entitled to a 30 minute uninterrupted | | | | of California labor laws. While that is a reason, it is |
| lunch break after 5 hours of work, and a 10 | | | | not an excuse and does not permit any employer |
| minute break after 3.5 hours of work. In the | | | | to be exempt from diligently applying the |
| event such California labor laws for breaks and | | | | regulations enforced by the California Labor Board. |
| lunches are not adhered to, the employee is then | | | | |