Know the Law. Know your Rights.
Most people eagerly await payday in order to pay rent and bills on time, or maybe to splurge a little. Getting a late paycheck, regardless of the reason, is not only frustrating, but it could be against the law. Under California labor laws, employers must pay you on time, or they are violating your rights and breaking the law.
In general, employees must be paid by a certain date depending on whether paychecks are issued every two weeks (bi-weekly) or twice a month (bi-monthly). There are some narrow exceptions that apply to certain types of employees, such as salaried monthly executives, but the vast majority of employees are protected under California Labor Code section 204(a).
California Labor Code § 204(a) (in relevant part)
Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and the 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month.
For example, if an employee is paid twice a month, the pay period is often divided into the 1st through 15 days of the month; and the 16th through the last day of the month. Under California law, employers must issue paychecks no later than the 26th of the month for the first pay period, and the 10th of the following month for the second pay period.
For employees that are paid every two weeks, or weekly, the law requires employers issue checks within seven calendar days after each pay period. Failure to issue timely paychecks could subject employers to significant penalties.
Also, according to California Labor Code section 204(b)(1), Employees have a right to be paid for overtime by the next regular paycheck. That means if you accrue overtime during a particular pay period, those extra wages must be included in the next paycheck. Again, if your employer fails to pay you overtime wage on time, your rights have been violated and you should seek legal advice.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is experienced in all aspects of employment law including failure to receive paychecks on time and have aggressively represented employees in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra.
If you or someone you know suffered employment violations as an employee such as not receiving paychecks on times in California, you may have certain employee rights under state and federal law and may be entitled to unpaid wages, interest, attorneys’ fees and costs, and/or be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our experienced lawyers for a free consultation.
Know the Law. Know your Rights.
California labor laws provide many protections to employees that often exceed federal labor laws. Therefore, it is important to know the various state laws designed to ensure your rights as an employee are not violated by employers. Fundamentally, labor laws and regulations are highly specific and often difficult to understand since laws are amended, enacted or repealed regularly, so it is important to consult with an experienced labor law attorney to ensure your rights are protected.
Often, employees do not realize that they have the right to timely, accurate wage statements each pay period with nine categories of information included in each wage statement. A wage statement, or pay stub, is the document an employer must provide employees every pay period that explains how the paycheck was calculated.
According to California Labor Code section 226, there are nine categories of information that must be included in every wage statement:
• gross wages
• total hours worked
• piece-rate units earned and any rate if employee is paid on a piece-rate basis
• all deductions from wages
• net wages
• dates of pay period
• employee’s name and the last four digits of social security number
• full name and address of the employer
• applicable hourly rates.
Some requirements are not required for exempt employees such as salaried employees. Additionally, section 246(h) of the California Labor Code requires employers advise employees each pay period of any paid sick leave they have accrued. While this is not specifically required on each wage statement, many employers include this information on wage statements as a matter of convenience. This information is particularly vital to any employee who seeks paid sick leave, which is guaranteed by the California Sick Paid Leave Law.
ACCURATE WAGE STATEMENTS ARE REQUIRED BY LAW
California law is clear that employers have a legal obligation to provide accurate wage statements to employees each pay period even if a third-party payroll company used. An employer who fails to comply with the law and violates an employee’s rights may face large fines and penalties, even for minor mistakes. The requirements are strict, and must be followed exactly. For example, the mandatory wage information must be on the face of the wage statement. In other words, the law is not being followed if the employee must find the required wage information on another document besides the wage statement.
In addition to possible fines and penalties, an employee has the right to file a lawsuit against the employer for “knowing and intentional” failure to comply with the law. If successful, an employee who has suffered an injury due to inaccurate or missing wage statements may be entitled to monetary damages.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is experienced in all aspects of employment law including failure to provide accurate wage statements and have aggressively represented employees in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra.
If you or someone you know suffered employment violations as an employee such as not receiving accurate wage statements in California, you may have certain employee rights under state and federal law and may be entitled to unpaid wages, interest, attorneys’ fees and costs, and/or be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our experienced lawyers for a free consultation.
Know the Law. Know your Rights.
Know the Law. Know your Rights.
Generally, employees in California are entitled to a rest break and/or meal break when they work more than three and a half hours a day. Specifically, state law mandates a 10-minute rest break for every four hours worked in a day; and a 30-minute meal break if a shift is more than five hours. An additional 30-minute meal break is required by law if an employee works ten hours in a day.
There are some exceptions depending on the type of employee or industry, such as construction, commercial drivers, or utility workers. The vast majority of employees, however, are protected by state law and employers are violating your rights if you are not provided breaks according to the statute. If your employer is not providing you with mandated meal or rest breaks, you have the right to file a lawsuit and seek compensation.
California Labor Code 512(1)(a)
An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer shall not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
Employees may voluntarily waive meal breaks in certain circumstances. For example, if the shift is no more than six hours, the employee may waive the required meal break. An employee, however, may generally not waive the second mandated meal break required for a 10-hour shift if they waived the first meal break. The laws are often complicated, so employees should ask for clarification from a supervisor or human resources; as well as consult with an experienced employment attorney if there appears to be a pattern of violations.
Rest breaks are required by law for any shift lasting more than three and a half hours, and employees must be given a paid rest break every four hours or major fraction thereof. Employees may also voluntarily work during a rest break, but under no circumstances may the employer require you to work during your mandated breaks.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is experienced in all aspects of employment law including failure to provide meal or rest breaks and have aggressively represented employees in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra.
If you or someone you know suffered employment violations as an employee such as being denied meal and rest breaks in California, you may have certain employee rights under state and federal law and may be entitled to unpaid wages, interest, attorneys’ fees and costs, and/or be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our experienced lawyers for a free consultation.
Know the Law. Know your Rights.
Are you Earning at Least the Minimum Wage Required by California Law?
Employees in California must be paid the minimum wage and are protected by law. While there are some exceptions, it is illegal for employers to pay employees less than the required minimum wage. The California state minimum wage is higher than the federal minimum wage, so workers should be paid the higher required pay under state law. Moreover, some cities and counties have even higher minimum wages, so you should always be aware of the applicable minimum wage, as well as any increases to the minimum wage that typically occur every January 1.
California Labor Code §512(1)(a)
The minimum wage for employees fixed by the commission or by any applicable state or local law, is the minimum wage to be paid to employees, and the payment of a lower wage than the minimum so fixed is unlawful. This section does not change the applicability of local minimum wage laws to any entity.
If your employer is not paying you the minimum wage required by law, you can file a lawsuit to recover unpaid wages, interest on the wages, as well as attorneys’ fees and court costs. Also, if there are many employees that are not being paid the required wage, you could be part of a class action claim against the employer.
California Labor Code § 1194
Any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to such employee is entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage or overtime compensation, together with costs of suit, notwithstanding any agreement to work for a lesser wage.
Also, be aware that in addition to the hours you are actually performing your job, your employer must also pay you for any additional time that your employer has control over you. For example, you are entitled to minimum wage for the time needed to change into a uniform; time on-call waiting to be called in to work; as well as time needed to pass through security between shifts. This time is covered by California labor laws, and your employer must pay you at least the minimum wage or they are breaking the law, and you may be entitled to compensation.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is experienced in all aspects of employment law including minimum and unpaid wages and have aggressively represented employees in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra.
If you or someone you know suffered employment violations as an employee such as being paid less than minimum wage in California, you may have certain employee rights under state and federal law and may be entitled to unpaid wages, interest, attorneys’ fees and costs, and/or be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our experienced lawyers for a free consultation.
Final Approval Granted For Armed Security Guard Class Action Lawsuit To Reimburse for Business Expenses
Srourian Law Firm proudly announces that the San Bernardino Superior Court granted final approval of a $375,000.00 settlement achieved on behalf of former and current armed-security guards of a large private security company for a failure to reimburse guards for expenses incurred in purchasing and maintaining weapons, belts, vests, and other related expenses necessary to carry out duties as an armed guard.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against security guard companies for failing to provide their employees with necessary business equipment such as weapons, belts, and bulletproof vests. Similarly, time spent putting on or taking off uniform is compensable time, though many security companies fail to actually compensate guards for that time. If you or someone you know suffered violations of the California Labor Code in relation to their employment with a security guard company in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.
Srourian Law Firm Files Class Action Lawsuit Against Altura Credit Union For Violation Of California Labor Code And Related Claims
Srourian Law Firm has filed a putative class action on behalf of former and current non-exempt workers of Altura Credit Union in Riverside Superior Court. The lawsuit includes all non-exempt workers of Altura, including but not limited to customer service representatives, loan officers, office staff, and similar non-managerial duties. The lawsuit alleges that Medmen violated various provisions of the California Labor Code, including failure to pay minimum wage, failure to pay overtime, failure to authorize meal breaks and rest breaks in accordance with California law, failure to timely pay final paychecks, failure to provide proper paystubs, and violation of California Private Attorney General Act, among several other violations.
SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
The class action lawsuit, titled Blum v. Altura Credit Union is currently pending in Riverside Superior Court Case No. RIC1902157. If you worked for any Altura location in California at any time from March 29, 2015, until the present and would like more information about this case, please call us at (310) 601-3131 or send an email to contact@slfla.com. Be sure to give your name, telephone number, and the best time to reach you, and an attorney will get back to you soon.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against Altura, and other California banks and credit unions in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with a bank or credit union, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.
Srourian Law Firm Negotiates $1 Million Settlement On Behalf Of Amazon Drivers
Srourian Law Firm is happy to report it successfully negotiated a $1 million settlement on behalf of a statewide group of Amazon delivery drivers claiming, among other violations, failure to compensate time spend waiting off-site to get picked up with a shuttle, in addition to failure to pay overtime for hours worked in excess of 8 hours per day and 40 hours per week. The lawsuit was not against Amazon itself, but rather, a third party company contracted to perform deliveries on behalf of Amazon.
SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
Class Members who stand to recover from this action will be notified of settlement upon approval of the settlement with the Court.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims o behalf of California delivery drivers in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with any delivery company, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.
Srourian Law Firm Leads The Way In Getting Preliminary Approval On Near $1 Million Settlement On Behalf Of California Airport Workers
Srourian Law Firm is happy to report it successfully obtained preliminary approval on a nearly $1 million settlement on behalf of a statewide group of workers at LAX, John Wayne, and Long Beach airports claiming, among other violations, unpaid time spent parking off-site and taking a shuttle to the worksite, as well as deficient meal and rest periods.
SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
Class Members who stand to recover from this action have begun to be notified of settlement and will be paid upon final approval of the settlement with the Court.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims o behalf of California airport workers in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with any airport, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.
Srourian Law Firm Wins Appeals, Sends Shore Hotel Class Action Lawsuit From Arbitration Back To Court
In a decisive victory for workers throughout the State of California, Srourian Law Firm obtained a favorable appellate decision from the California Court of Appeals, Fifth Division, reversing an earlier Los Angeles Superior Court decision to direct a class action lawsuit brought on behalf of former and current workers of The Shore Hotel in Santa Monica, California, to individual arbitration. The initial order meant the class representatives could not proceed on a class action basis and seek recovery on behalf of all former and current Shore Hotel workers. The Court of Appeal reversed, finding the purported arbitration agreements to be invalid and unenforceable under the law. The class action will thus proceed.
You can read the whole decision by clicking here.
SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
The class action lawsuit, titled Prado v. Shore Hotel (Sand & Sea), is currently pending in Los Angeles Superior Court Case No. BC600236. The class includes all non-exempt workers of Shore Hotel, including but not limited to housekeeping, bellmen, food and beverage, front desk, concierge, parking, and other similar non-managerial duties. The lawsuit alleges that Shore Hotel violated various provisions of the California Labor Code, including failure to pay minimum wage, failure to pay overtime, failure to authorize meal breaks and rest breaks in accordance with California law, failure to timely pay final paychecks, failure to provide proper paystubs, and violation of California Private Attorney General Act, among several other violations.
If you worked for Shore Hotel in California at any time from November 4, 2011, until the present and would like more information about this case, please call us at (310) 601-3131 or send an email to contact@slfla.com. Be sure to give your name, telephone number, and the best time to reach you, and an attorney will get back to you soon.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against Shore Hotel, and other California hotels in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with a hotel, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.
Securitas Case Expands PAGA
The Labor Code Private Attorneys General Act of 2004 (Labor Code section 2698 et seq.)
(“PAGA”), deputizes “aggrieved employees,” giving them the authority to enforce California
Labor Code violations in the workplace on behalf of themselves and other aggrieved employees.
In PAGA actions, the State of California is the real party in interest while the employee acts as a
private attorney general. For this reason, if an aggrieved employee succeeds in a PAGA action,
25% of any civil penalties recovered goes to the aggrieved employees, while the State of
California receives the remaining 75%.
A PAGA action is different than a traditional class action where a plaintiff must have standing to
sue – the class representative plaintiff must have suffered the injury that the class they seek to
represent also suffered. As recently explained in Huff v. Securitas Security Services USA, Inc.,
2018 S.O.S. 2555 (May 23, 2018, review denied Aug. 8, 2018), a PAGA plaintiff may sue on behalf
of all other aggrieved employees who have suffered violations of the Labor Code even if the
PAGA plaintiff did not suffer those violations.
In the Securitas case, the trial court initially found that PAGA plaintiff Huff was not a temporary services
employee and therefore had no standing to sue for the violations relating to that category of
worker. However, the Court of Appeals reasoned that the purpose of PAGA is not to recover
damages or restitution, but to deputize private citizens as private attorneys general to enforce the
Labor Code. Therefore, the Court of Appeals allowed PAGA plaintiff Huff to bring claims even
if he did not personally experience the Labor Code violations. As long as a PAGA plaintiff
personally suffered at least one of the alleged violations, the PAGA plaintiff can bring any other
claim suffered by the aggrieved employees of the same employer.
Securitas clearly expanded the scope of PAGA. In order to fully take advantage of this
opportunity, a PAGA plaintiff must make sure to meet the pleading requirements by establishing
sufficient facts and theories for their claims. If you or someone you know are being denied your
meal and rest breaks, or are suffering any other wage related issues, contact Srourian Law Firm
to speak with an attorney about your rights.