Employment Compensation Cases
Employee compensation issues in California cover a broad spectrum. Some of these issues include:
- Which employees are entitled to an overtime rate of pay (sometimes “time and a half” or sometimes “double time”) for working more than eight hours in a day or more than forty hours in a week? A common misconception is that the employer’s labeling of a position as “exempt” or “salaried” means that an employee actually is not entitled to overtime compensation.
- Many employees have expenses related to work, for example, personal automobile use for business travel, or the expenses of a home office. Sometimes employees are required to use their own tools for work.
- Which of these expenses is the employer required to reimburse?
- Does the law require the employer to reimburse the employee for personal automobile use at the “IRS rate” used on tax returns?
Meals & Breaks
- What is the requirement for providing meal periods during the work day?
- How long must meal breaks be, and must the employee be free of work duties during meal periods?
- What does the law require about rest breaks? What are the employer’s other obligations regarding working conditions, such as providing suitable seating to employees at work?
Rights When Terminating Employment or Taking Leave of Absence
- When an employee who is paid commissions or earns a bonus and leaves a company, is the departing employee entitled to receive the commissions or bonus for work done that he or she would have received had he stayed with the company?
- How much time does an employer have to issue a final paycheck for any wages or other amounts due such as accrued vacation, when an employee resigns or is terminated?
- Does an employer have to continue to pay health insurance benefits while an employee is on a leave of absence?
We provide advice and representation about these matters arising in the California workplace, and other compensation matters as well. This can be an in-office meeting, drafting a letter, or handling a case in a proceeding before a government agency or in state or federal court.
In some cases, employee compensation matters are claims of individual employees or a few employees, while in others they concern a larger group of employees and may turn into what is known as class actions (click here to read more). The Sohnen Law Firm is equipped to address both individual cases and class actions.