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Thanksgiving Dinner Meal Break Rest Break

If your boss violates California rest and meal and state laws, you may be able to sue your employer for not allowing you to have your legal amount of meal or rest breaks. For instance, if your employer denies you a meal break, or does not compensate you for your rest break, they can suffer real consequences.

Under California law, an employee must be given breaks every five hours. You cannot work for more than five hours a day without be given a meal period of at least thirty minutes. If your total work day is only 6 hours in that case a meal break can be waived by both parties.

When you work for more than ten hours, a 2nd meal period of not less than 30 minutes must be allowed. Again, if you are only working a total of 10 hours or less, the 2nd meal period can be waived by mutual consent, as long as you did not waive your first meal break.

Continue reading “What you need to know about Meal and Rest breaks”

Misclassification

Many noteworthy class action lawsuits have come down to an employer misclassification of nonexempt employees. Let’s look at the facts.

In the US, generally there are two types of employees- ‘exempt employees’ and ‘non-exempt employees.’ The difference? The most significant differentiation is with the issue of overtime work. The Fair Labor Standards Act (FLSA) is the federal law that regulates these distinctions. The FLSA states that employers are obligated to pay at least minimum wage for up to 40 hours per week as well as overtime pay. It also specifies that exempt employees are not entitled to overtime pay.

CALIFORNIA LAW

“While California law has more rigorous standards than federal law, federal law still warrants some attention. For one thing, the Department of Labor Standards Enforcement (DLSE) has indicated that, although there are differences between the state and federal exemption standards, the federal regulations may serve as a guide where there is no conflict.”https://www.calchamber.com/california-employment-law/pages/exempt-nonexempt-employees.aspx
Continue reading “Exempt Employee or Non Exempt Employee That is the question!”

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