Employment Law

Wage and hour laws cover areas including the minimum wage, overtime pay, missed meal and rest breaks, independent contractor status, and unpaid bonuses, among others. Wage and hour laws are in place to make sure you are paid accurately for the actual amount of work you perform.

Minimum Wage

All workers in Arizona and California are guaranteed a minimum hourly wage. Even tipped workers in Arizona, who may be paid less than the actual minimum wage per hour (California tipped workers are required to be paid the minimum wage, regardless of tip income), are required to at least make an equivalent to the minimum wage when those tips are added in. Arizona has a 2009 minimum wage rate of $7.25/hr and will increase annually. California has a 2009 minimum wage of $8.00/hr. If you or a loved one is not receiving at least the minimum wage in compensation, contact our offices.

Overtime

Misclassification: There are two kinds of employees: Exempt and Non-Exempt. Non-Exempt employees are entitled to overtime. Are you responsible for setting business policy, planning the long- or short-term objectives of the business, negotiating salary or benefits with other department personnel, hiring and firing, and supervising employees? If you answered "no" to these responsibilities you are likely owed overtime.

Non-Exempt employees working for more than eight (8) hours in a day OR more than forty (40) hours in a workweek maybe entitled to a rate of time and one-half for all hours worked in excess of eight (8) hours in a day or more than forty (40) hours in a workweek. A non-exempt employee who works more than twelve (12) hours in a day may be entitled to two times their hourly rate.

Meal & Rest Breaks

California law requires employers to provide meal and rest breaks. If your employer prohibits you from taking your breaks, you may be entitled to compensation. Employers are required to give non-exempt employees working an eight (8) hour shift, two 10 minute breaks and one 30 minute meal break.

Unpaid Bonuses

Contracted bonuses may be conditional, materializing only under certain circumstances. But if those circumstances are met and the bonus is not paid as stipulated, the employer may be breaking the law. If you or a loved one was entitled to a bonus that was not paid, give us a call to discuss your options.

Tip Pooling

Tip pooling, or the combining of tips to distribute amongst workers is not an illegal practice. However, certain employees in California are not eligible to receive any portion of tip funds. In California, management, supervisors, and owners are not allowed to receive a share in tip revenue. If your boss is taking your earned tips, you may be entitled to money damages.