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What are the most common wage violations in Orange County?
There are a lot of different issues employers either aren’t aware of or fail to deliver to their employees. These are the most common:
- Minimum Wage Violations
- Waiting Time Penalties for Wages Due to Former Employees
- Overtime Violations – Unpaid overtime
- Meal and Rest Break Violations
- Record keeping Violations
- Vacation Pay Violations
- Uniform Violations
You can see a full explanation here of the most common wage violations we have found with employers.
There are many types of violations employers fail to acknowledge in the work place. Here is a list of the most common breaches. Employers are responsible to make sure employees are getting what they deserve.
Minimum Wage Violations
Generally, employers must pay their employees at an hourly rate that is equal to or greater than California minimum wage laws require. As of 1/1/16, California’s minimum wage is $10.00 /hour. [See California Labor Code §1182.12]
Waiting Time Penalties for Wages Due to Former Employees Unpaid-Overtime.
Essentially, California Employers must pay its employees all wages due within 72 hours of separation from the company. And, if the Employer does not pay in a timely fashion all wages due, then the Employer owes a full days worth of wages to the employee for every day that the employee has to wait to receive those wages for up to 30 days.
Thus, for an employee that earns a $150.00 a day, and the employer refuses to pay all wages due for a month and a half, the employer would owe the employee an additional $4,500 in waiting time penalties. [See California Labor Code §§201-203.5]
Overtime Violations – Unpaid Overtime
Generally, California employers must pay their employees at least time and a half for every hour over eight in one day or forty in one week. Further, the employer must pay double-time to employees that work more than twelve hours in a day or more than eight hours on the seventh day of work. Many employers mistakenly believe that paying its employees a salary erases their obligation to pay overtime wages. Employees cannot waive their rights to overtime pay or legally agree to accept less than the statutory rate. [See California Labor Code §510]
IWC Wage orders 1-2000 through 13-2000 further spell out the overtime rules in California for particular industries and can be found here.
Meal and Rest Break Violations
Generally, employers must either provide employees 30-minute duty-free meal periods for every five hours worked, or the employer must compensate the employee an extra hour of the employees’ hourly rate and pay the employee for the time worked. Employers must also provide its employees at least a 10-minute duty-free rest break for every four hours on the clock or pay its employees an additional hour’s wage. [See California Labor Code §512]
The IWC Wage Orders 1-2000 through 13-2000 further spells out the meal break rules and spells out the rest break rules.
Record Keeping Violations
Employers must keep accurate records of the names, addresses, hours worked, applicable hourly rate, all wages paid, all deductions, and net wages earned. Further, such records bust be maintained for a minimum of two years. In certain circumstances, the employer may be required to pay monetary fines of up to $4,000, plus attorney fees and costs. [See California Labor Code §226]
Vacation Pay Violations
Vacation pay constitutes wages. Once vacation pay has vested or is earned, it cannot be taken away by the employer. At separation, the employer must pay the employee for all earned vacation pay immediately upon termination or within 72 hours of an employee resignation.
Employers must pay for employee uniforms and the upkeep of those uniforms if it requires such use on the job. It is a violation to charge the employee for such uniforms or upkeep.