Our lawyers and staff at the office of Andrea Cook & Associates have been handling wage and hour disputes for over 30 years. We have extensive knowledge of state and federal wage and hour laws that govern the payment of overtime and unpaid wages, plus the designation of meal and rest periods. If you have a wage and hour matter, contact us today to discuss the possibilities for your case.
Employers are required by California law to provide an unpaid 30-minute meal period to their employees during the first five hours of each workday unless the employee works no more than six hours that day, and the employee has signed a voluntary written waiver of the meal period. All hourly employees who work more than 10 hours on a given day are entitled to a second unpaid thirty-minute meal period unless they have signed a voluntary written waiver of the second meal period.
Failure by an employer to provide these meal periods entitles the employee to extra pay and may subject the employer to certain penalties. Similarly, hourly employees are entitled to take a paid rest period of 10 minutes for every four hours worked or major fraction thereof. Failure by an employer to provide these rest periods entitles the employee to extra pay and may subject the employer to certain penalties.
California law is stringent on who can be paid a salary and therefore be exempt from overtime wages. Some employers intentionally misclassify employees as salaried employees to avoid paying them overtime wages. Employers have paid millions of dollars to settle class-action lawsuits whereby the employer had improperly classified many of its employees.
Workers in many fields are misclassified as independent contractors when by law, they are employees who are entitled to minimum wage, overtime at the rate of time and one half, and having employers bear the cost of work-related expenses.
The misclassification of workers as contractors is common in industries such as truck drivers, delivery drivers, janitors, security guards, store delivery persons, and home health care providers such as nurses, home health aides, and various therapists and exotic dancers.
The test for who is an independent contractor is complex. Still, at a minimum, the independent contractor must have complete autonomy, work in a business different than the one he/she is doing work for, and be running their own independent business.
If you work in a job and are classified as an independent contractor and believe you may be misclassified, please call the law offices of Andrea Cook and Associates.
Contact a wage and hour lawyer by phone or e-mail at the office of Andrea Cook & Associates to discuss your rights and options regarding state and federal wage and hour overtime laws. We are committed in our fight for your rights as an employee and stand by clients throughout the entirety of their cases.
Andrea Cook & Associates has been fighting for Employee Rights and Protecting Individuals Subject to Unpaid and Improper Wages in the workplace for more than 25 years.
All Rights Reserved
Andrea Cook & Associates