With respect to wage and hour laws, all employees in the San Francisco and Sacramento area are entitled to certain rights and wages under both the federal and California statutes. Whether you are paid by the hour or by salary, you are entitled to minimum wages and rest periods during your shift. The experienced wage and hour lawyers at Kingsley & Kingsley work to ensure that employees throughout the state of California receive the wages and benefits they deserve.
Both the federal government and the state of California set a minimum wage that must be paid to employees. The federal minimum wage is $7.25 an hour, but the higher minimum wage in California is $8.00 an hour.
In addition to a higher minimum wage, California law mandates certain rest periods and meal breaks that are not required by the federal government.
Employees are entitled to 10 minutes of rest for each four-hour or half shift work period. Your employer must offer a rest period as close to the middle of your shift as possible. A rest period is counted as time worked, and the employer must pay the employee for that time. If an employer fails to provide you with a rest period in accordance with California law, the employer must pay you one additional hour of work at your regular rate for each work day—not each rest period that you were denied.
Your employer cannot make you clock out for a rest period. Since employees are paid for the rest periods, employers can require that they stay on the premises. The rest period begins when you reach the designated rest area adjacent to where you are working, and does not apply when you walk away from your job site. An employer must provide suitable resting places that are separate from bathroom facilities.
An employer may require you to do additional tasks that can entitle you to additional compensation. For example, employees who are required to perform any tasks before clocking in or after clocking out are entitled to compensation. This includes changing into or out of uniform, running errands, or picking up supplies.
Employees in California, with some exceptions, must be paid at least twice during each calendar month. Paydays must be designated in advance as regular paydays. Overtime wages must be paid no later than the payday for the next regular pay period following the period in which the overtime was earned.
If you believe that you are being denied your rights or are not being fully compensated for the work you are doing, speak to a wage attorney in San Francisco or Sacramento, who may be able to help you recover wages or payment for missed rest periods.
Whether you are paid on an hourly basis or salary—or whether you are a cook, a computer technician, a receptionist or a housekeeper—a Kingsley & Kingsley wage attorney in San Francisco or Sacramento can help you collect unpaid wages. Contact us today.
We are here to answer your questions, discuss your circumstances, and help you.
We also take most cases on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation.
We understand. You may be going through a difficult time. A California attorney at our law firm can meet with you for a free initial consultation - contact us here.