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Wage and Hour Laws Archives

Has your employer violated your rights when it comes to breaks?

Because working long hours can take a considerable toll on anyone, you certainly appreciate a break now and then. However, you may sometimes feel as if you do not have the ability to take breaks due to the fast-paced nature of your job or due to discouragement from your employer. If you feel uncertain about your ability to take a moment to catch your breath while on the job, you may have an interest in this area of employment law.

Deciding to join a wage and hour class action lawsuit

As a California worker, you have certain rights. Federal and California laws entitle many employees to overtime pay and also prohibit certain unfair labor practices such as "working off the clock". If you find yourself in this situation, you could have various legal options available to you. In some cases, you may have grounds to join in a wage and hour class action lawsuit.

Amazon's holiday employment woes

Amazon is under fire again, on the heels of the end-of-year holiday rush. Hundreds of packages need delivering and to fulfill the orders that pour in from Cyber Monday on, Amazon contracts delivery services with UPS, FedEx, the US postal service and local couriers. Where Amazon is catching heat is through its work with courier services.

'Tis the season for retail wage violations

This time of year, retailers hire seasonal and temporary workers to help with the holiday rushes. The holidays are the time of year that can either make or break a company for the year. Holiday workers assist retailers with the increase in consumer traffic and boost the company's overall bottom line. Seasonal workers, such as yourself or someone you know, are entitled to receive proper compensation regardless of the temporary nature of their work.

Is Obama's Overtime Expansion Dead?

On November 22, 2016, a federal judge blocked the Obama administration's rule change that would have expanded eligibility for overtime pay for people making up to $47,476 per year. The judge issued a temporary injunction that is effective nationwide until a final decision is made in the case. The rule was scheduled to go into effect on December 1, 2016 and would have affected more than 4.2 million employees across the U.S.

Does A Company Have To Pay An Intern?

Nowadays, it seems that any college student's resume is incomplete without an internship - the more well-known and prestigious the employer, the better. For both student and company, it seems like a win-win arrangement: the intern gains a reference and real-life work experience while the company gets free labor. Or is it really that simple?

Countering Myths About The New Overtime Rules

In May 2016, the U.S. Department of Labor (DOL) announced new rules that dramatically increase the number of workers eligible for overtime pay. The rules increase the wage threshold from $455 per week (or $23,660 for a full-year worker) to $913 per week (or $47,476 for a full-year worker. The new overtime rules go into effect on December 1, 2016.

Are you getting paid for all your work?

The hours you work are the hours you are paid for. Whatever your boss is telling you, it really is that simple. If your employer isn't paying you for your work time, you are not simply "doing the company a favor." They're stealing your wages. It was proven in a 2013 Ukiah, Calif. lawsuit where wages were stolen from 47 restaurant employees and it's alleged to be happening nationwide at Chipotle.

Overtime exemption thresholds may change

By the end of 2016, California workers might have greater protection from working overtime without getting properly compensated for it based on a proposal from the U.S. Department of Labor. When published in the Federal Register in 2015, the proposal received so many comments that the implementation may be delayed until late in 2016.

Wage lawsuits surging as new rule looms

California employers may find that it can be difficult to stay abreast of wage and benefit requirements for their workers. However, attention to detail is extremely important because in some cases there is strict liability for violating minimum wage and overtime laws. In 2016, a new rule is expected to more than double the overtime exemption level for workers on salaries, which means that overtime benefits could be available to millions of additional workers. The current level at which exemptions come into play is $23,660, and it will increase to $50,440 if this U.S. Department of Labor rule takes effect.

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