Work Break Violations

In the state of California, employees must be given the following work breaks:

• Uninterrupted 30 minutes for a meal when working more than 5 hours in a day (doesn’t have to be paid)
  
• Additional 30 minutes for working over 12 hours in a day (unpaid)
  
• 10 minutes of paid rest for every 4 hours worked

Many employers try to get away with not giving workers these required breaks by scheduling work through lunchtime, or worse, making them clock out as if they were getting breaks but actually forcing them to keep working.

Unpaid Wages, Bonuses, Commissions, and Severance Pay

There are many forms of unpaid compensation. You might be shorted hours on your weekly timesheet, or your pay may not be calculated according to your work contract. One of the most common problems we see is employees who are not paid for overtime. Another issue we hear frequently is workers who don’t get the required minimum wage for California.

Some unscrupulous employers try to get out of paying bonuses or commissions by changing the rules in the middle of the calculation period or by firing workers right before they’re due to receive their money. Failing to pay severance is another common violation; while severance isn’t always legally required, it may be under certain circumstances or if it is in a written work agreement.

Discrimination

Discrimination is treating people differently because of various characteristics, including:

• Race
• Religion
• Age
• Gender
• Orientation
• Pregnancy
• Disability



These are all protected classes in California, meaning it is illegal for employers to treat you badly because you fall into one or more of these categories. You can file official complaints with the government if you have been discriminated against as an employee or job candidate, and you can even take the employer to court.

In many instances, you could be owed back pay, a promotion, or damages for pain and suffering. Your employer might be forced to, for example, allow you to take time off work for medical appointments if you are pregnant or make reasonable accommodations for your disability.

Wrongful Termination

Wrongful termination is firing someone for inappropriate reasons. It might be due to discrimination, as described above, or it could be to avoid paying a commission or a bonus. There are many reasons why severing someone’s employment could be unlawful. If it happens to you, you might be entitled to your job back or financial restitution, as well as good references, if you decide getting your job back isn’t what you want.

Harassment

There are many types of harassment in the workplace, and this problem often overlaps with other workplace employer violations. One of the most common forms of harassment is sexual harassment, which can occur between men and women, men and men, or women and women.

There are two basic types of sexual harassment:

• Quid pro quo, where someone offers you a benefit or threatens not to do something bad if you do something in return, like date the boss or allow a manager to touch you inappropriately
• Creating a hostile work environment, where serious and/or pervasive harassment makes you want to quit or transfer to a different department

Employee Misclassification

If you should really be an employee in the eyes of the IRS but your workplace says you’re an independent contractor (aka freelancer or 1099 worker), this is known as employee misclassification. Why do companies misclassify their workers? It’s almost always to save money.



Businesses don’t need to pay taxes, benefits, unemployment, workers comp, and other expenses when a worker is an independent contractor. But it’s cheating you out of money, perks, and protections to which you are rightfully entitled if you are actually an employee, not a freelancer.

Whistleblower Retaliation

If you “blow the whistle” on workplace wrongs, they might try to get revenge by withholding compensation, firing you, or blacklisting you in your industry. This is known as whistleblower retaliation, and it’s against the law.

Things workplaces don’t want exposed that often lead to whistleblower retaliation include:

• Unsafe work conditions
  
• Unpaid compensation
  
• Not providing proper work breaks
  
• Discrimination
  
• Harassment
  

Illegal actions or criminal activity

Have you ever tried to bring any of these things to someone’s attention, only to have your employer threaten your job status or make you feel unsafe?

You’re Not Alone When It Comes to Workplace Problems

We often hear that people believe they’re the only ones going through a workplace crisis. But thousands of workers just like you experience these problems every day.

One of the reasons people facing workplace issues feel alone is that their work environments often support a toxic culture, especially if problems originate at the top of the hierarchy. Managers and coworkers may be afraid for their own jobs if they speak up. Or they may participate in abusive behavior, engaging in denial, gaslighting, and coverups.

That’s why many workers turn to an employment attorney for help. When you feel like you don’t know what’s going on and your family or friends don’t get it, a lawyer who specializes in workplace cases can be a grounding force.

How an Employment Lawyer Can Help You

An employment attorney like David at Employee Law Group offers many services that can assist you with workplace challenges, including:

• Assessing your unique situation to see if you have a case
• Educating you about California employment law
• Advising you about how to proceed with documentation, confronting an employer, etc.
• Helping you fill out paperwork for formal government complaints
• Representing you in court to protect your rights and help you get any financial compensation that’s owed to you

In addition to not having the knowledge of the law that we do, you probably don’t have the resources and time to pursue evidence, investigations, and court filings. We can follow up on those things for you so you can live your life.

Do you have a workplace challenge that you’ve been dealing with alone? Don’t suffer in silence or feel like you don’t have someone on your side. Call Employee Law Group at 310-606-0065, or get in touch online to let us know how we can help. Your first consultation is absolutely free.