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Get Your Questions Answered. Call For Your Free 30 Min Evaluation Today! (310) 982-2291

  • By: Moss Bollinger
  • Published: September 28, 2022
image of an employment law book, a gavel, and books arranged on a table - Moss Bollinger LLP

As the California economy continues to reopen and adjust to a slightly new standard, employers and employees continue to seek resolution to various employment issues. Today’s California workers are taking action to resolve employment violations and seeking resolution through the court system.

5 Common Types of Employment Law Violations in California’s Workplaces:

  • Misclassification as Independent Contractors
  • Failure to Pay Wages for All Hours Worked
  • Failure to Pay Commissions for Sales
  • Misclassification of Workers as Exempt from Overtime
  • Paid Sick Leave

When California Employers Misclassify Employees as Independent Contractors:

Employees are granted various legal rights, including minimum wage, medical benefits, paid sick leave, and overtime pay. These protections are not given to independent contractors. Complying with federal employment laws affording employees these rights generates additional costs for employers; some attempt to avoid these costs by misclassifying their employees as independent contractors. Some California employers misclassify employees to cut back on expenses, but others do so by accident.

When California Employers Fail to Pay Wages for All Hours Worked:

Some California employers make it a practice to undercount their employees’ hours. Methods of minimizing employees’ hours on the job include: requiring mandatory meetings (before clocking in or after clocking out), requiring employees to work from home without recording all their hours, encouraging workers to under-report their hours, or failing to count an employee’s workday if they don’t complete their entire shift, etc.

When California Employers Fail to Pay Sales Commissions:

Under California law, sales contracts must be written and outline the method used to calculate and distribute commissions to the employee. The employee’s right to commissions is regulated by an agreement between the worker and employer. A contract can help protect employees, but it doesn’t always work.

When California Employers Misclassify Workers as Exempt from Overtime:

Employers are required to pay non-exempt employees (employees paid by the hour) overtime for any hour worked past eight hours in a single workday and any hours past 40 in a given workweek. At higher thresholds, the overtime rate jumps from 1.5 to double the worker’s standard wage. Employers often attempt to get around the overtime rules by:

  • Misclassifying work time as off-the-clock meal or break time
  • Having employees fulfill specific requirements before or after clocking in and out
  • Making after or before work meetings mandatory
  • Mandatory outside training sessions
  • Failing to pay overtime is due.

When California Workers Violate Paid Sick Leave Requirements:

In California, all employees who work at least 30 hours for their employer are guaranteed the right to paid sick leave. Each worker is entitled to protected leave to care for a sick family member. Employers are not only required to allow workers to take their accrued paid sick leave but are also prohibited from retaliating against employees who take their paid sick leave.

If you have questions about employment law violations or you need to file a California employment law claim, you want Moss Bollinger, Sherman Oaks, California employment law attorney, on your side. He’s dedicated to protecting and asserting the rights of his clients. Call (310) 982-2291 today for a free consultation or contact us online.

Moss Bollinger LLP - Sherman Oaks, CA

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