Wage and Hour
The employment law attorneys at the San Francisco law office of Aaron & Wilson, LLP provide sound legal advice and effective representation in all manner of California and federal wage and hour issues, including overtime, meal breaks and rest periods, and expense reimbursement.
Overtime
The general rule in California is that overtime (time and a half) must be paid when an employee works more than eight hours in one day or more than 40 hours in one week. However, there are several types of employees who are exempt from the overtime rules, such as executive, administrative, and professional employees, as well as independent contractors. A common complaint is that employees are misclassified and not paid for overtime when they are really non-exempt employees. Some complaints concern many employees and turn into class action lawsuits. With a large group of employees looking back at several years of unpaid overtime, an employer could have a very large amount to pay if it improperly withheld overtime wages.
Meal Breaks and Rest Periods
California law entitles an employee to a 30-minute unpaid meal break in a shift lasting more than five hours, and a ten-minute paid break for every four hours on the clock. Every missed meal or rest break can count as a separate violation of the law, yielding significant penalties. Also, an employee required to work during break times may also wind up working more than 40 hours, leading to a potential overtime issue as well. In both overtime and break period issues, it is important for the employer to make sure the employee is working only the hours required by the employer and is taking breaks appropriately.
Expense Reimbursement
Under California Labor Code Section 2802, an employer is required to reimburse an employee for all necessary expenses or losses incurred by the employee in the discharge of duties. Such expenses may include reimbursement for cell phone use and driving expenses such as fuel, maintenance and repairs. There are several different ways an employee can be reimbursed for driving expenses, such as mileage reimbursement, actual expenses, or a lump sum amount. Employees may look back to four years of unreimbursed expenses and recover the expenses with interest, as well as attorney's fees and costs. Expenses must be necessary and in direct consequence of the discharge of the employee's duties.
Comprehensive Wage and Hour Law Representation
Our practice covers every type of wage and hour issues, including vacation time, pay stub issues, and employee records. Our comprehensive representation covers both California wage and hour law and public sector employees covered under the federal Fair Labor Standards Act (FLSA). We have done a complete FLSA positional analysis for a city government, identifying exempt and non-exempt positions. We have assisted with job restructurings and represented misclassified employees in class action litigation. Our firm has particular expertise representing restaurants and bars with issues unique to the food service industry, such as tips and meal and rest break exemptions. Firm co-founder Bob Aarons has taught classes in every aspect of wage and hour law. If you have a wage and hour issue in the San Francisco Bay Area, contact the lawyers with the knowledge and experience to help you win your case. Contact Aaron & Wilson, LLP.
