As a worker, you have the right to be paid for your work, to be treated properly, and to be free of discrimination, retaliation or harassment.
At the Law Office of Mike Chappars, we represent workers is Wage and Overtime Matters, Retaliation, Misclassification, Sexual Harassment, and Wrongful Termination.
Contact us for a no cost consultation to see is we can help you with your employment problems.
WAGE AND OVERTIME
In California, workers should be paid overtime for working more than eight hours a day, more than forty hours in a week, or for working the seventh day in a row. Employers avoid paying you all of your wages by altering time cards, making you work "off the clock," denying meal and rest breaks,
An employer cannot fire you for making an overtime complaint. An employer who does so is in violation of labor rules against retaliation, and such an employer is subject to further fines and damages.
Many employers will illegally classify their employees as Independent Contractors or as exempt from overtime pay. The Key Factor justifying overtime exemption is your daily tasks. Job Descriptions, Resumes, and Job Titles will not protect employers who misclassify workers. You may be entitled to all your missed overtime pay and penalties if you were not paid what you were owed.
Sexual harassment can come in many forms, but no matter what it can be very traumatic and degrading. Your employer has a duty to provide you with a harassment-free environment, and a duty to teach managers and workers to behave properly.
In general, an employer has a right to fire an employee for any reason. But, an employer cannot fire an employee for an improper purpose. A worker can be fired because their boss "doesn't like" them, but a worker cannot be fired for being older, for being a woman, because of their race, because of their religion, because of their sexual orientation, or for trying to assert their rights or report wrongdoing.
GET INSPIRED, AND PREPARE TO FIGHT!
Actions against employers can move very slowly and can be filled with many difficulties. Companies have many resources and they will work hard to protect themselves. Even with a good attorney, the struggle can be long and difficult. You will need to stay strong and fight hard. Good luck!
List from the State of California listing types of workers exempt from overtime pay. All other workers should be paid overtime.
An Article describing the "ABC Test" adopted in California. This rule requires that most employees currently characterized as "Independent Contractors" be put on payroll as regular employees.
An Article explaining what counts as Workplace Retaliation in California.