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Rights as an Employee

As an employee, your employer is required by California law to provide you:

Rest Breaks

  • 10-minute paid rest break if you work more than 3.5 hours in a day

  • Second 10-minute paid rest break if you work more than 6 hours in a day

Meal Breaks

  • 30-minute meal break if you work more than 5 hours in a da

  • Second 30-minute meal break if you work more than 10 hours in a day

Overtime

  • Time and a half if you work

    • More than 8 hours in a day

    • More than 40 hours in a week

    • 7 days in a row in a work week

  • Double time if you work

    • More than 12 hours in a day

    • More than 8 hours on the seventh day in a row in a work week

Last Paycheck

  • If you have been terminated or laid off, you are entitled to receive your final wages upon termination or on your last day of work.

  • If you resign, you are entitled to receive your final paycheck within 72 hours after your last day of work.


Your final wages must include any unpaid vacation pay (but not sick leave pay).

Tips

  • A manager or supervisor (even if part-time) is not legally allowed to take from your tips or the tip pool.

  • The law treats this as tip theft.

Reimbursements

  • Driving Mileage

    • If you are required to drive from your employer’s office to a job site, your employer is required to pay mileage reimbursement at the appropriate rate. For example in 2017 the mileage rate is 57.5 cents per mile (per year).

    • If your employer has failed to do this, your claim could be large – thousands of dollars.

 

  • Employers are required to reimburse employees for personal cell phone use despite unlimited minutes plans. Click here to learn more. 

Deductions

  • Your employer is not permitted to take deductions out of your paycheck unless you have agreed to it in writing. Even if your employer has loaned you money, he cannot make any deductions without your written consent.

  • If this is occurring, you are entitled to recover not only the money that was deducted but any attorney fees you have incurred.

Retaliation

If you notify your employer or the Labor Board about any of the above wage violations, the law prohibits retaliation against you.
 

Retaliation could include a reduction of your work hours, demotion, pay cuts, suspension, termination, etc.

If you are the victim of retaliation, you are entitled to file a retaliation complaint with the California Labor Board.

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