Employees deserve to be compensated fully and fairly for their work. Burbank, CA labor laws protect an employee’s right to receive the pay they have earned. When an employer violates these laws, Burbank, CA labor laws generously assist the employee in obtaining just compensation for their loss.
The Law Office of Alisa Goukasian fights for the rights of employees to achieve fair and just compensation. Our law firm works with employees from various industries, to hold employers accountable for wage and hour violations.
Call 818-242-4601 to schedule a free consultation with a Burbank, CA wage and hour violation lawyer.
Common examples of employer activities or actions that violate Burbank, California labor laws include, but are not limited to:
Failing to pay an employee minimum wage
Forcing an employee to work ``off the clock``
Failing to pay an employee overtime pay
Failing to pay an employee’s wages when due
Misclassifying an employee as an independent contractor
Failing to pay an employee commissions or bonuses that have been earned and promised
Failing to pay an employee for on-the-call time
Failing to reimburse an employee for work-related expenses
Denying employee meal and rest breaks and/or refusing to compensate employees for missed meal and rest breaks
Failing to pay an employee for training time, preparation time, and travel time
Improper or illegal payroll deductions and errors
Failing to provide an employee with accurate wage statements
Failing to pay an employee all wages due upon termination and/or resignation
Calculating an employee’s wages improperly
Failing to pay an employee’s unused earned vacation time based on an employment agreement after termination.
It is frustrating and stressful when an employer fails to compensate you for the work you have completed. Many employees are cautious about voicing complaints because they fear employer retaliation. If you have questions about wage and hour violations, contact our Los Angeles wage and hour violation attorney to discuss your situation. Your consultation is confidential.
Most Burbank, California employees are entitled to meal and rest breaks. Employees exempt from required rest breaks typically include professionals, executives, and administrators. The number of rest breaks and meal periods an employee is entitled to receive depends on the number of hours worked during an employee’s shift.
Employees are entitled to an unpaid 30-minute meal break after working five hours. If the employee works ten hours or longer during a shift, the employee is entitled to another unpaid 30-minute meal break.
To count as an uninterrupted meal break, an employee should not be required to perform any work duties during the allotted time. Employers may be required to pay an employee for a meal break if the employer fails to relieve the employee of all work duties and tasks during the 30-minute meal break.
Rest breaks are also required, depending on the number of hours worked during a shift. For every four hours worked (or a major fraction thereof), an employee is entitled to a 10-minute paid rest break.
Employees are not required to take the rest break, but the employers must make the breaks available to the employees and allow employees to take their breaks without requiring the employee to perform any job duties during the break.
If an employer fails to provide an appropriate rest or meal period in accordance with these obligations, the employer shall compensate each employee one (1) hour of pay at the employee’s regular rate of pay for each workday that the rest and meal period was not provided.
If an employee fails to allow the appropriate rest and meal breaks, the employer shall compensate the employee one (1) hour of pay at the employee’s regular rate of pay for the missed meal period and one (1) hour of pay at the employee’s regular rate of pay for the missed rest period. Therefore, an employee could be awarded up to two (2) hours of pay per workday for being denied both meal and rest periods each day.
Employees who complain of wage and hour violations are protected. If an employer terminates an employee, discriminates against an employee, or engages in any retaliatory action, such as decreasing pay, reducing hours, making threats, or creating a hostile work environment, the employee may have a legal cause of action against the employer for retaliation and/or wrongful termination.
Labor Code §203 assesses a penalty against an employer if the employer fails to pay all wages due upon termination or resignation. The “waiting time penalty” can be harsh.
The time an employer has to pay final pay depends on whether the employer was fired or quits. An employee who is fired is entitled to receive any wages earned through the date of termination on the employee’s last day of work.
However, if the employee quits, the time to pay final pay depends on the notice given by the employee. If an employee provides at least 72 hours of notice of the intent to quit, the employer must pay final wages on the last day of work. Employees who do not provide 72-hours of notice before quitting should receive their final pay within 72 hours of the final day of work.
Under Labor Code §203, employers can be fined a penalty for each day that final pay is delayed because of a “willful failure to pay” on behalf of the employer. A “willful failure to pay” does not necessarily mean that the employer had an evil intent or was guilty of wrongdoing. “Willful” only means that the employer failed to pay an employee’s final wages even though the employer knew about the requirement. In other words, the failure to pay was intentional. It was not a mistake or a misunderstanding.
An employee may be entitled to receive a full day’s pay for each day final wages are delayed past the waiting time period. The penalty may accrue for up to 30 days.
For many employees, receiving their pay timely and correctly is vital for their financial wellbeing. If your employer is violating wage and hour laws, we can help.
Contact the Law Office of Alisa Goukasian for a free consultation with a Burbank wage and hour violations attorney by calling 818-242-4601. Learn about your options and legal rights regarding wages from an experienced Burbank, CA employment law attorney.