The Kaufman Law Firm
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Offices in Los Angeles and Ventura County

An Employee Rights Law Firm

Matthew A. Kaufman has successfully represented employees in the areas of Family Medical Leave, Disability Discrimination and Wage & Commissions disputes for more than 20 years

Wage & Hour Law Archives

What are California’s child labor laws?

When it comes to child labor laws, one of the most difficult parts can be understanding what is required in your state. The California Department of Industrial Relations states that children under the age of 16 are required to attend school unless they have already completed high school. Even after high school is completed, your child is still considered a minor until he or she turns 18 and is subject to working laws for minors, unless a waiver is obtained.

Convenience store manager gets back pay

An overworked convenience store manager received back pay for denied overtime after an investigation by the Wage and Hour Division. The convenience store manager, Mr. Zach Forrestall, worked numerous long hours for his employer despite never receiving overtime. The employer failed to pay both Mr. Forrestall's and his colleague's overtime.

Governor receives overtime expansion bill for farm workers

The California Assembly sent a contentious new bill that would dramatically expand overtime rules for farmworkers. It is unclear if the Governor will sign off on the measure as it is vigorously opposed by business and farming groups. Workers in California have enjoyed overtime benefits for years. The typical employee receives overtime (time and a half pay) when they work more than 8 hours in a day or more than 40 in a week. They receive double-pay if they work more than 12 hours in a single day.

An overview of meal violation claims

Many workers do not realize that their meal times are mandated and protected by law. If an employer violates your right to a break, then you might have an actionable wage and hours claim. In California, employers that violate these rights are subject to investigations by the Department of Industrial Relations. This post will review the general rights that most employees enjoy in California regarding their meal breaks. If you have more specific questions, you may want to consult with an attorney.

Are you entitled to a regular paycheck?

Most people assume that if they work, they get paid but how often? Are you entitled to a paycheck that comes during a regular pay period? In short, it depends on your state's particular law. For instance, it could be dependent upon your job, contract and state of residence. For example, in California, farm laborers are must be paid on a weekly basis on a specified business day. This post will briefly discuss the general principles that underlie regular pay periods.

New rule extends overtime to 4.2 million workers

Overtime is a type of pay that you are entitled to when you work more than full time. There are many rules, but, in general, you are entitled to it when you work more than 40 hours a week. If you work more than these hours, then you are entitled to "time and a half" for each hour worked over the threshold. Generally, salaried workers are exempt from overtime rules. The effect is that many low-paid "white-collar" workers like administrators work more than 40 hours a week but do not receive overtime.

Uber lawsuit settles

The "gig" economy is continually evolving. Government regulators, industry insiders and workers do not know what, if any, protections extend to "gig" workers. Are they entitled to a minimum wage? Are they employees or independent contractors? How do they fit into the tax system? Should a new classification of worker be invented that blends employee and contractor rules? Uber and several thousand drivers just settled a major lawsuit that may partially answer some of these questions.

California passes bill to raise minimum hourly wage to $15

Governor Jerry Brown received a brokered bill to raise the minimum hourly wage in California to $15 by 2022. This bill was the result of weeks of negotiations between lawmakers and labor representatives. The bill was on an expedited voting schedule and was approved earlier last week. 

Are you a part-time or seasonal worker, or both?

Recruiters and supervisors often use the term "seasonal" and "part-time" interchangeably. Generally, this is no more than a casual slip of the tongue. However, if you are confused, then it leaves your rights vulnerable. Whether your supervisor is conflating the terms or actually trying to infringe on your rights, it does not matter. This post will explore the differences between seasonal and part-time work. So, hopefully, you can go to work armed with sufficient knowledge to safeguard your rights. 

When am I allowed to take a meal break?

Sometimes you need time to get something to eat and other times you want to skip it because you've got a rhythm going and don't want to break it. Either way, you should take a meal break. The benefits of giving your brain, your feet, hands and whatever else you use to work a break, are undisputed. From improving memory to reducing stress, breaks from work are good for your health.

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