Employment Lawyer Serving All of California
The Law Offices of Kenneth H. Yoon practices primarily in the area of wage and hour class action law. Any wage, overtime, payroll, paystub, timekeeping, bonus, or other similar issue is a wage and hour issue. Common examples that the firm assists clients with include:
- Unpaid overtime and/or wages, miscalculated wage payments, unpaid time.
- Missed meal period/rest break claims.
- Unpaid vacation, personal days, floating holidays, etc.
- Unpaid work expenses, unpaid mileage.
This firm has significant experience with claims that employees are not paid the correct rate of pay. For example, many employers provide for incentive pay for their employees such as bonuses, SPIFFS, night differentials, etc. These wages must be factored into pay to calculate overtime, but often are not. In other cases, employees are not paid for travel time or other off-the-clock work. Off-the-clock work includes all time that an employee is not paid, but which is controlled by the employer. Examples of this include time preparing for work or time when you are "clocked out" but not permitted to leave. One common situation is employee searches.
California also requires that employees take meal breaks (30 minutes uninterrupted, duty-free and may be taken off-site) for shifts over five hours. Violation of this is similar to overtime - but rather than 1.5x pay like overtime, the pay is an extra hour for a missed meal or rest break. California also requires vacation (including personal days, floating holidays, etc.) be paid out on termination. This includes vacation employees may not have been able to take, but that which employees were working towards. As a simple example, if vacation is provided at 40 hours a year, then after 18 months, an employee is entitled to 60 hours. So if an employee is granted 40 hours at the first year anniversary, the employee is entitled to 60 hours total if he or she quits after 18 months - not just the 40 hours. This includes other forms of time off that are just like vacation, such as personal days or floating holidays. In addition, "use-it-or-lose-it" policies are illegal in California. It is especially with personal days, floating holidays and the like where some companies have potentially illegal "use-it-or-lose-it" policies.
Finally, another category of claims we regular advise on include unpaid business expenses. Most commonly, this includes mileage. If you travel for your work in your own car, you are entitled to reimbursement for your mileage. This excludes commuting, but includes most of everything else. So if you are instructed to attend training sessions, work at a different location for the day, meet with customers, etc., you are entitled to reimbursement for your mileage. There are many forms of business expenses that companies ask employees to cover - if you are not being reimbursed for these, that is not permitted under California law.
These are all just some examples and basic situations. The actual law is much more complex and requires a detailed understanding of your specific facts. If you have any question, or would like to schedule a free consultation, please contact us and we would be pleased to assist you.