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WAGE-HOUR FAQ
1. Minimun Wages Violations
2. Meal, Periods and Lunch Violatons
3. Overtime Pay Violations
4. Unpaid Wages Violations
5. Final Pay Violations
6. Retaliation for making Wage Claims
FAQ Wage and hour
§ What is the minimum wage in California?
§ Does an California employer have to give me breaks or meal periods during the day?
§ What do I do if I believe my employer is not paying correct wages?
§ What do I do if I believe I was fired for an unfair reason?
§ How do I find out about filing a workers compensation claim?
§ When does my employer have to pay me overtime?
§ When is the last paycheck due after a separation?
§ How old does a minor have to be to work?
§ What can I do to get my employer to pay me for the work I performed?
§ How can I find out what is going on with the wage claim I filed?
§ How do I contact the Social Security Administration?
§ How do I contact the Federal Wage and Hour Division?
§ How do I collect my money after an award has been made?
§ When can an employer withhold my wages?
§ How can I determine if I am an employee when my employer treats me as an independent contractor?
§ What should I do if my employer treated me as an independent contractor when I should have been an employee?
§ Can I claim unemployment benefits while waiting for an employer to pay my wages?
§ What evidence do I need to file a claim for unpaid wages?
§ Is there a limit to the dollar amount of unpaid wage claims?
§ What types of penalties are there for employers not paying wages?
§ Who receives the penalties awarded?
§ My employer promised me a pay raise; do they have to raise my pay?
§ If I give a two week notice of intent to quit, does my employer have to pay me for the full two weeks if they let me go earlier?
§ If I was hired for a particular shift, can my employer require me to work a different shift?
§ My employer yells at me and calls me names in front of coworkers and customers. Isn't that considered harassment and what can I do about it?
§ Where do I report workplace safety violations?
Q: How do I know if I qualify for Family Medical Leave (FMLA)?
Q: What is the minimum wage in California?
A: The current California state minimum wage is $8.00 per hour effective The minimum wage for a trainee is $6.80
Q: Does a California employer have to give me breaks or meal periods during the day?
A: California law does require the employer to give a ten minute rest break for every four hours worked and a minimum of thirty minutes for a meal period.
Q: Does a California employer have to give Holidays.
A: A California employer is not required by law to give its employees Holidays.
Q: Does an California employer have to give its employees sick leave?
A: No a California employer does not have to give its employees sick leave.
Q: What do I do if I believe my employer is not paying correct wages?
A: If your employer is not paying the agreed upon wage rate, you should first discuss this with the employer because the employer has the right to change your rate of pay at any time, unless you are covered by a labor agreement or other form of pay guarantee. You must be notified of any reduction in your pay rate prior to the work being performed. Although your paycheck may be considered notification of a reduction, if you already performed the work, you could file a claim for wages for the difference in wages for work performed prior to the notification. If you have further questions, contact your nearest our office.
Q: What do I do if I believe I was fired for no reason?
A: California is a "work at will" state. This means that there is no set length for an employment relationship and either the employer or the employee may end it at any time, with or without notice or with or without cause. If there is an employer policy, employment contract, or union agreement, the employment relationship may be subject to the terms and conditions of that agreement.
There are some exceptions to an employer's right to terminate an employee. For example, employees may any reason or no reason at all, but never for the wrong reason, such as: your race, sex, religion, creed, sexual orientation, ethnicity, or gender. That means that you cannot be terminated for a discriminatory or retaliatory reason, or a violation of public policy.
DISCLAIMER
The information contained herein is intended to provide accurate, general information regarding legal rights relating to employment in California. However, because laws and legal procedures are subject to frequent change and to different interpretations, AIKINS LAW FIRM cannot and does not guarantee the accuracy of the information on this website. Always consult your own private legal counsel or e-mail us at: ALF@lentonaikins.com for legal assistance.