Pay for Overtime | Overtime Law | Work Overtime. Nonexempt employees are entitled to overtime pay. Overtime pay is paid at one and a one half times the employee’s regular hourly wage. Overtime comes into play for California employees if they work more than 8 hours a day or 40 hours in a week. Double time is owed for work more than 12 hours in a day, or on the seventh consecutive work day without a day off. These rules do not apply for caregivers. Caregivers in California must work 9 hours in a day or 45 hours in a week to be entitled to overtime. OVER 8 HOURS A DAY or OVER 40 HOURS A WEEK 12 or MORE HOURS IN A DAY Nonexempt employees are employees who do not use any independent discretion in doing their work, or do so less than 51% of the time. Besides the test of independent discretion a number of jobs are classified as exempt. California has different overtime rules than federal overtime laws under the FLSA (Fair Labor Standards Act).
Our law firm represents multiple employees and classes of employees in overtime lawsuits. Kern County Whistle Blower Attorney - Bakersfield, California Employment Lawyer. Could your reporting of protected activity have caused your termination of employment? Both direct and circumstantial evidence may be used to prove causation, Colarossi v. Cory, 97 Cal.App.4th 1142, 1152, 119 Cal.Rptr.2d 131 (2002). CACI 2430 only requires that the violation of public policy was a "motivating factor. " An employer is liable for wrongful termination even if the termination was only partially motivated by an illegal reason, Balog v. LRJV, 204 Cal.App.3d 1295, 1309, 250 Cal.Rptr. 766 (1988).
Case law does not establish any hard and fast rules about how long can transpire between the protected activity and the adverse employment action. In Colarossi, during May of 1997 Plaintiff participated in a sexual harassment investigation, Colarossi, 1147, 133. Akers v. Iwekaogwu v. In Flait v. Healthcare workers are also whistleblowers if they are fired for making a complaint about something that they believe would result in the loss of their license. Bakersfied Sexual Harassment Lawyers | Employmentt Law Group. What Is Sexual Harassment? It is unlawful to harass an employee because of their sex, California Government Code Section 12940(j)(1).
Sexually harassing behavior includes: Sexual favors; Unwanted sexual advances and propositions; Verbal conduct, including epithets, slurs or derogatory comments, and comments about a person's body, appearance, or sexual activity; Physical conduct including assault, impeding or blocking movement, OR any physical interference with normal work or movement; or Visual harassing including leering looks, offensive gestures whether or not the harassment also results in the loss of a tangible job benefit, [underlining added for emphasis] 2 California Code of Regulations Section 7287.6(b); Fisher v.
San Pedro Peninsula Hosp., 214 Cal.App.3d 590, 608 (2nd App. Dist. 1989). Contact us, or call 1-661-412-9600 to consult with one of our Bakersfield sexual harassment lawyers. Effective January 1, 2014, sexual harassment does not have to be motivated by sexual desire. Unpaid Wages Lawyer - Bakersfield, California Employment Lawyer. Contact us if you have a question about whether your are owed overtime, double time, commissions, wages, bonus pay, or pay for meal or rest breaks.
We want to explain to you what overtime is, what prevailing wage is, and when you are an exempt versus non-exempt employee. The law concerning unpaid wages is very complicated. There are many exemptions and rules. In addition, unpaid wage law does not come only from only one source. There are Labor Code Sections, DLSE interpretives, California Codes of Regulations, Wage Orders, and other legal principles that apply.
There are also great variations between Federal and California laws on unpaid wages. Overtime cases, meal and rest break cases, unpaid bonus cases, unpaid commission cases, involve labor laws that provide for multiple penalties. Call 1-661-412-9600 for a Kern County labor lawyer who will pursue all penalties and interest. California Employees Are Paid For Sleeping What is stated above is the general law. Hernandez v. Bakersfield Sexual Orientation Harassment Attorney - CA Gay Harassment Lawyer. California is a leader in offering protection to workers based on sexual orientation. If you feel that you have experienced harassment or discrimination in the workplace because you are gay, lesbian, bisexual, transsexual or transvestite, you may be entitled to compensation.
I am Karl A. Gerber, founder and lead trial attorney of the Employment Lawyers Group. Our attorneys represent employees in all types of employment discrimination cases. In Southern California, we have offices in Taft, Bakersfield and Wasco. Discrimination based on sexual orientation can take many forms, from failure to promote to wrongful termination. Discrimination and harassment can work both ways. You do not have to put up with harassment or discrimination in the workplace. To speak to our sexual orientation lawyers, call 661-412-9600 toll free.
Bakersfield Wrongful Termination Lawyer - California Attorney for Illegally Fired. The California Supreme Court has recognized that an employer's termination of an employee for reporting an alleged violation of a statue of public importance represents one category of wrongful discharge in violation of public policy, Gantt v. Sentry, 1 Cal.4th 1083, 1090-1091 (1992) citing approvingly in Turner v. Anheuser-Busch, 7 Cal.4th 1238, 1256, 32 Cal.Rptr.2d 223, 235 (1994). Moreover, wrongful termination can be based upon an employee checking on and trying to report possible illegal conduct to company officials, Collier v. Sup. Crt. 228 Cal.App.3d 1117, 1121, 279 Cal.Rptr. 453 (1991). "Retaliation by an employer when an employee seeks to further...public policy by responsibly reporting suspicions of illegal conduct to the employer seriously impairs the public interest" and is enough for wrongful termination, at 1127, 458. In Holmes v. Contact us or call 1-661-412-9600 to speak to a Bakersfield employment lawyer.
Employment Law Blog. Bakersfield Wrongful Termination Lawyer - California Attorney for Illegally Fired. Kern County Employment Fraud Lawyers | Employment Law Group. Examples of employment fraud include: False recruiting for a job that doesn't exist Promising a good salary for a job that only pays commissions Promising you additional compensation but not delivering it Failing to disclose the short-term nature of the job If you were fraudulently induced to accept employment, and the new job required you moving double damages may be available to compensate you for the employment fraud.
Contact an Employment Fraud Attorney - Se habla español, llamame ahora! To speak with a Bakersfield employment lawyer, call 661-412-9600 toll free. We handle all cases on a contingency fee basis with no upfront costs. Se habla español. Most non-lawyers think primarily of federal protections enforced by the Equal Opportunity Employment Commission (EEOC) when considering the rights of employees. Important sections of the California Labor Code that we often reference and cite in our work on behalf of wronged employees include: