Wage and Hour law

It is unlawful employment practice for an employer to fail to provide its nonexempt employees with over time, daily meal and rest periods. LAVI & EBRAHIMIAN, LLP, represents employees against employers who have failed to pay over time and/or provide its employees with daily meal and rest periods.
Auto Deduction

Employers often use time clocks to help keep a record of the time worked by employees. Federal and California laws require the employer to accurately keep track of an employee’s time worked. Employers may use a payroll system which automatically deducts a specific period of time from…
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Bonuses

Nondiscretionary bonuses must be included in determining the regular rate of pay for computing overtime when such bonus is based upon hours worked, production or proficiency. Employers generally do not have to include discretionary bonuses or monies paid as gifts at a holiday or…

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Class Action Litigation

A class action or a representative action is a form of a lawsuit which enables an individual or small group of individuals to bring a claim to court on behalf of a large group of persons. This mechanism is often helpful in the context of wage and hour violations by employers because…

Learn about class action litigation

Cost Reimbursement Claims

In California, if the employer requires a non-exempt employee to purchase equipment or uniforms for the performance of his or her job duties, the employer is generally required to pay the employee back for the purchase.

Learn about Cost Reimbursement Claims

Double Time Claims

Federal and state laws generally require an employer to pay a non-exempt employee wages at a higher rate of pay when the employee works in excess of a specific amount of hours in a work period. Federal and state laws may differ on how employers are to compensate employee for…

Learn about Double Time Claims

Employee Vs Independent Contractor

Whether a worker is an independent contractor is defined by law and is not determined by the parties’ agreement or whether an employee receives a 1099, a tax document normally given to independent contractors.

Learn about Employee Vs Independent Contractor

Meal Break Claims

California law generally requires employers to provide non-exempt employees with an unpaid meal period of at least 30 minutes for before the expiration of a work period which is to exceed 5 hours. California law generally requires employers to provide non-exempt employees with…

Learn about Meal Break Claims

Off the Clock Claims

Federal and state laws generally require an employer to pay a non-exempt employee wages for all the time which he or she works. State laws may create standards which are significantly different from federal requirements for employers regarding payment of wages.

Learn about Off the Clock Claims

Overtime Claims

Federal and state laws generally require an employer to pay a non-exempt employee wages at a higher rate of pay when the employee works in excess of a specific amount of hours in a work period. Federal and state laws may differ on how employers are to compensate employee for the time that they work.

Learn about Overtime Claims

Preparation Time

Federal and state laws generally require an employer to pay a non-exempt employee wages for all the time which he or she works. State laws may create standards which are significantly different from federal requirements for employers regarding payment of wages.

Learn about Preparation Time

Protective Gear

Employers may require an employee to wear protective gear which is necessary to perform the duties of the job. California employers are generally required to pay employees for the time it takes them to take off and put on this protective gear. A California employer’s failure to pay…

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Rest Break Claims

California law generally requires employers in California to authorize and permit all non-exempt employees to take paid rest periods, which insofar as practicable shall be in the middle of each work period. The employer must provide rest periods at the rate of ten minutes net rest…

Learn about Rest Break Claims

Rounding Hours / Shaving Minutes

Federal and state laws generally require an employer to pay a non-exempt employee wages for all the time which he or she works. State laws may create standards which are significantly different from federal requirements for employers regarding payment of wages.

Learn about Rounding Hours / Shaving Minutes

Scheduled Shift

Employers may use a payroll practice which only pays employees for the time that they are scheduled to work even though the employee may be under the control of the employer prior to their scheduled shift or after their scheduled shift ends. This practice results in wages which…

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Timecards

Employers often use time clocks to help keep a record of the time worked by employees. Federal and California laws require the employer to accurately keep track of an employee’s time worked. In California the employer must provide an employee with an itemized wage statement for each period…

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Tools

In California, if the employer requires a non-exempt employee to purchase a specific tool for the performance of his or her job duties, the employer is generally required to pay the employee back for the purchase of the tool. In some instances if the employer pays the employee at least…

Learn about Tools

Training

Employers may require that an employee spend time in training which the employer does not compensate the employee any wages for this training time. California law generally requires that non-exempt employees be paid for training time. An employer’s failure to pay wages for training time…

Learn about Training

Travel Time Claims

Generally, an employer is not required to pay an employee for travel time to and from work. However, travel time may compensable under certain circumstances, such as if the employee is traveling pursuant to the employer’s instructions.

Learn about Travel Time Claims

Unpaid Commision Claims

An employer must generally include commissions in determining the regular rate of pay for computing overtime. Employers often provide employees with commissions but fail to include these commissions when calculating the amount of overtime due to the employee. By excluding commissions from…

Learn about Unpaid Commision Claims

Unpaid Wages Claims

Federal and state laws generally require an employer to pay a non-exempt employee wages for all the time which he or she works. State laws may create standards which are significantly different from federal requirements for employers regarding payment of wages.

Learn about Unpaid Wages Claims

Vacation Pay

Federal and state laws do not require an employer to provide employees with vacations or vacation pay. However, when an employer creates a vacation policy, practice or agreement to provide a paid vacation, California law creates a duty that an employer must generally pay employees all…

Learn about Vacation Pay

Worked Hours

Federal and state laws generally require an employer to pay a non-exempt employee wages for all the time which he or she works. State laws may create standards which are significantly different from federal requirements for employers regarding payment of wages.

Learn about Worked Hours