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Employment

As an employee, you count on your job to provide for your family and plan for your future.  When you have a dispute with your employer, whether it is due to unpaid overtime, discrimination, harassment, disability, job classification, or any other employee rights, it often seems like an uphill battle. Fighting against a corporation with teams of lawyers and money to spend can seem impossible. And that’s where we step in to help.  Our California employment and labor law attorneys keep our priority on you and your rights.  We have what it takes to fight the corporate giants and win.

 

Lambert Litigation Group is here to help employees with California employment and labor law disputes in the following areas:

Overtime

California law states that an employee is not allowed to work for more than 8 hours per day or 40 hours per week without receiving overtime pay at a rate of 1.5 times the employee's rate of pay for each extra hour of work.

Meal Periods

Under California law, subject to some exceptions, employers are required to allow workers a 30-minute meal period for every 5 hours of work.  To comply with the law, an employer must record all meal periods, must permit the employee to leave the premises, and not interrupt the period by, for example, asking the employee to assist a customer. If any of these criteria are not satisfied, the meal period law has been violated and the employee is owed one hour of additional pay.

Minimum Wage

Minimum wage establishes a minimum hourly rate employers must pay their employees for each hour of work. Minimum wage cannot be disputed or waived, and if your employer is not paying the required minimum wage, you have rights as an employee.

Rest Periods

All California workers have the right to take rest breaks, most often in the middle of a shift, with the time of the break determined by the consecutive hours worked in a given day. Every 4 hours of work, the employee will be allowed a 10-minute break period. For each day a break was not provided, the employer is required to pay the employee an extra hour of pay.

Harassment

Workplace harassment can come in many forms and may be based on any of the following: gender, sexual orientation, religion, race, or many other things. California law prohibits all forms of harassment by employers without exception.

Reimbursements

Certain expenses are required to be reimbursed by your employer regardless of whether the expenses were approved. Many employers fail to understand the law regarding reimbursement of business expenses, but it is important for you to know your rights. California Labor Code states that legitimate business expenses must be reimbursed, regardless of the timing or approval of management. Some examples of expenses that must be reimbursed are:

Personal Use of Equipment & Cell Phones

If your employer requires you to use your personal cell phone for work-related purposes, you are entitled to reimbursement for all reasonable costs associated with the use of the cell phone. These same reimbursement rules also apply to equipment such as tools, computers, internet access, and anything deemed necessary to perform your job duties.

Uniforms

Uniforms are also a covered expense under California law. Any expenses incurred by the employee with respect to the purchase and maintenance (i.e., dry cleaning bills or time spent cleaning and ironing at home) of a uniform required by the employer must be reimbursed. If your employer requires any specific style or color of clothing while at work, you may be entitled to reimbursement.

Vehicle Expenses

California law requires employers to reimburse employees for any expenses incurred while using their personal vehicle for any use other than normal commuting. Expenses that may be reimbursed include mileage, maintenance and repairs, insurance, registration, and even depreciation in some cases.

On-Call Requirements

If you work as an on-call employee, you need to understand the laws regarding on-call pay and assignment. The law requires employees to be paid what is termed “reporting time pay” for any day you are asked to work. Even if you are not needed after reporting to work (i.e., “cut”), your employer is still required to pay you for attending work.

In addition, if you are required to call in for an on-call shift, you are entitled to compensation.

Wrongful Termination

Wrongful termination laws in California offer legal solutions to those employees that are terminated for unlawful reasons. Employees in California are typically considered at-will employees, meaning that your employer has the right to terminate employment for nearly any reason. As an employee, you should know the limitations and exceptions to this rule.

California's wrongful termination laws also have numerous provisions, which prohibit employers from retaliation against employees via adverse employment actions other than termination.

Whistleblower

A whistleblower is classified as an employee of a company that reports any violations of safety, law, or who refuses to violate the law as directed by their employer. When an employee acts as a whistleblower, they are protected from retaliation. The unfortunate truth is that companies often violate that law. California law offers many courses of legal action against an employer that has violated whistleblower protections.

Employee Misclassification

Oftentimes, the employer, in an attempt to save money at the expense of its employees, fails to properly determine whether the classification of an employee as “exempt” meets the strict requirements under California law. In doing so, the employer deprives the employee of numerous benefits and protections provided under California law.

Independent Contractors

There are some distinctive differences between an employee and an independent contractor. Differentiating between the two is an important part of determining your rights as a worker.

If you are a worker that can be terminated for any reason by the employer, you are paid hourly instead of per job, or if the work you do contributes mainly to someone else’s business, you are most likely an employee.

 

Call Lambert Litigation Group today to discuss your rights as a worker.

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Disclaimer: Nothing contained herein should be construed as creating or intending to create an attorney-client relationship. Unless and until a formal retainer agreement has been fully executed between Lambert Litigation Group and yourself, we will not take any action on your behalf. Be advised that all cases have time deadlines or "statutes of limitations" in which you must file a lawsuit or administrative charge.