Stockton Employment Law Firm

Meal & Rest Break Violations

California employment law mandates that employers provide meal and rest breaks and ensure employees take these breaks on time. A common violation occurs when an employee skips a meal break or does not take it on time. Our Stockton employment lawyers have experience resolving meal and rest break violations in favor of employees, getting them the backpay and compensation they’re entitled to.

Key meal and rest break requirements include:

• 30-minute unpaid meal breaks must be provided to employees working more than 5 hours.
• Employees should take meal breaks within the first 5 hours of work.
• Employers should offer second meal periods to shifts exceeding 10 hours (this may be waived in some circumstances).

Wage & Hour Violations

Despite California’s extensive labor laws designed to ensure fair treatment of employees, many employers still violate wage regulations. Common violations include failing to pay employees on time upon termination and making unlawful deductions from paychecks.

One crucial wage and hour law to be aware of is California’s minimum wage law. As of January 1st, 2017, the California minimum wage now increases annually as required by state law. We have included a table of the latest minimum wage rate schedule on our Wage and Hour Violations page.

We also assist wronged employees with other important employment-related disputes, including:

• Commission Employees: Employers must comply with federal and state laws in paying commissions and minimum pay to sales employees. For instance, an employer cannot withhold commissions until the employee has been with the company for some time. Commissioned employees not classified as “outside salespersons” are entitled to minimum wage and overtime wages.
• Wrongful Termination: Employment relationships in California are “at will,” meaning both employers and employees may terminate employment for any reason that is not illegal. Termination may be unlawful, retaliatory, or fall under unfair dismissal if based on discrimination or retaliatory actions (e.g., against a whistleblower).
• Discrimination and Harassment: Employment discrimination occurs when an employer (or even a co-worker or customer) discriminates against a person based on their protected classification (e.g., gender, race, nation of origin, religion). Discriminatory acts may include firing someone, denying an application or interview, or withholding pay. Harassment might occur if an employer or co-worker creates a hostile working environment. Sexual harassment involves inappropriate touching and obscene talk perpetrated by or against a member of any sex.
• Expense Reimbursement: Employers in California must reimburse employees for all expenses or losses incurred in performing their duties. These expenses could range from driving expenses to mobile data usage.

If you are dealing with a dispute with your employer, reach out to our experienced employment attorneys in Stockton for legal support. Gaines & Gaines, APLC works exclusively with and for employees, committing ourselves to obtaining the compensation our clients are owed as a worker. For additional information about our employment law practice and California’s employment litigation process, read our frequently asked questions.

Schedule an initial consultation to get started on your employment law case. Let’s protect your rights as a worker and secure your future.