You are entitled to the paycheck and wages you have earned. If you feel wages have been unjustly withheld, you should contact an attorney immediately.
California requires that all non-exempt employees receive overtime pay of at least 1.5 times their base pay if an employee works more than eight hours in a day OR more than 40 hours in a week. Additionally, overtime pay is required if an employee works more than seven consecutive days.
To determine if you fit into the non-exempt employee status, a careful evaluation is needed of your job duties. The attorneys at Jones & Devoy can help you with this evaluation, and help you to receive the pay you deserve.
There are two basic categories of breaks under California law: Meal Breaks and Rest Breaks. Non-exempt employees are entitled to one meal break after five hours of work, if the work day is greater than six hours. This break must last for thirty minutes and must be uninterrupted. Additionally, California law allows for one rest break of ten minutes for every 3.5 hours worked.
To determine if you fit into the non-exempt employee status, a careful evaluation is needed of your job duties. The attorneys at Jones & Devoy can help you with this evaluation, and help you to receive the pay you deserve
Unpaid Commissions and Bonuses
The rules applying to unpaid commissions and bonuses are treated differently in California. A commission is typically an incentive offered to sales representatives based on the amount of sales achieved. Generally, there is no clear formula to determine when an employee must receive a commission, however the expected standard is that the employee must substantially perform the work in order to receive the commission.
Determining if the employee has substantially completed the work can be difficult and an attorney may need to be consulted.
A bonus is an additional incentive offered on top of the employee wages. Generally, if the employer promises a bonus and the employee completes all conditions, the employee must receive the bonus. However, California law allows the employer to determine the date of payment for all bonuses and if the employee is terminated before that date, then in some cases the employee may not be entitled to the bonuses.
To determine if you are qualified to receive a bonus, contact the attorneys at Jones and Devoy for an individual evaluation.
Vacation Time and Pay
California law does not require an employer to offer a vacation plan to an employee. However, if a plan is offered, then the employer must meet certain regulations.
Generally, it is perfectly legal for an employer to put a cap on vacation time. For example, if the employer states that only 4 weeks of vacation time can be acquired in one calendar year, then this is legal under California law. However, an employer is not allowed to initiate a “use it or lose it plan.” For example, an employer cannot require you to use vacation time or else lose the acquired time.