Employment Lawyer Orange, CA
Our firm is dedicated to representing employees as individuals or as class representatives against their employers for Labor law violations, including:
Overtime, Double Time, Failure to Provide Meals and Rest, Unpaid Tips, Unpaid wages, Improper Employee Classification, Failure to Reimburse Business Expenses, Failure to Provide Commissions, Unlawful Deductions, Failure to Provide Accurate Wage Statements, Failure to Pay all Wages at the time of Discharge or Resignation. We have recovered millions of dollars in unpaid wages and penalties for our clients. Contact us for a free consultation today.
OVERTIME & DOUBLE-TIME
In Orange, CA, the general overtime provisions are that a nonexempt employee shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:
1. One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek
2. Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
MEAL PERIOD
In Orange, CA, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except if the total work period per day of the employee is no more than six hours.
A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except if the total hours worked are no more than 12 hours. Unless the employee is relieved of all duty during his or her thirty-minute meal period, the meal period shall be considered an “on duty” meal period that is counted as hours worked which must be compensated at the employee’s regular rate of pay.
If the employer requires the employee to remain at the work site or facility during the meal period, the meal period must be paid. This is true even when the employee is relieved of all work duties during the meal period. Bono Enterprises, In. v. Bradshaw (1995) 32 Cal.App.4th 968.
If an employer fails to provide an employee a meal period the employer must pay one additional hour of pay at the employee’s regular rate of pay for each workday that the meal period is not provided.
UNPAID TIPS & BUSINESS EXPENSES
Unpaid Tips
An employer cannot collect, take, or receive any gratuity or part thereof given or left for an employee, or deduct any amount from wages due an employee on account of a gratuity given or left for an employee. Labor Code Section 351 However, a restaurant may have a policy allowing for tip pooling/sharing among employees who provide direct table service to customers.
Business Expenses
An employee is entitled to be reimbursed by his or her employer for all expenses or losses incurred as a direct consequence of the discharge of the employee’s work duties. Labor Code Section 2802
REST
In California, the law states that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four-hour work period, or major fraction thereof.
A rest period is not required for employees whose total daily work time is less than three and one-half hours. The rest period is counted as time worked and therefore, the employer must pay for such periods. Since employees are paid for their rest periods, they can be required to remain on the employer’s premises during such periods.
The information is not intended to be used for legal advice, and should not be used in determining liability or damages.
What is Employment Law
If you are a business or employee located in Orange, California, it is important to be familiar with the employment laws that regulate your rights and obligations. Employment law governs the relationship between employers and employees. It dictates what an employer can and cannot do when hiring, disciplining, terminating, and otherwise managing their workforce. This article will provide readers with an overview of employment law in Orange, CA.
What does an Orange Employment Lawyer do?
An Orange employment lawyer handles a variety of cases related to workplace disputes. These cases include wrongful termination, discrimination, sexual harassment, wage & hour violations, whistleblower retaliation, breach of contract claims, and other labor-related matters. A lawyer can help both employers and employees understand their rights under the law and protect those rights if they are violated.
Types of employment law cases we cover
At our firm, we handle a wide range of employment law cases for clients in Orange, CA. Our employment lawyer in Orange, CA has extensive experience representing clients on both sides of the dispute—employees who have been wronged by their employers as well as employers who need help navigating complex labor regulations. Some examples include:
- Wrongful Termination – If you have been wrongfully terminated from your job due to discrimination or retaliation, our attorneys can help you seek justice and compensation for lost wages or emotional distress.
- Discrimination – We represent clients who have experienced discrimination based on race, gender, age, or disability status at work. We will work with you to document the evidence needed to prove that your employer unlawfully discriminated against you.
- Sexual Harassment – It is unlawful for any employer to allow a hostile work environment due to unwanted sexual advances or other inappropriate behavior towards an employee based on their sex. Our lawyers can help make sure such behavior does not go unpunished by filing suit against the responsible party or parties.
Unpaid Overtime & Wages
One type of case we handle frequently is unpaid overtime & wage claims. We verify that back wages are appropriately paid and vigorously pursue justice on behalf of our clients, working diligently to keep their rights protected. As a result, the Law Offices of Sean S Vahdat & Associates has earned its reputation as an exceptional employment law firm.
Meal Breaks
As part of our practice, we cover cases that rely on employee meal break laws. Meal breaks are necessary for employees to receive essential rest and nutrition during their shifts, as well as an opportunity to take time away from their duties, and these cases need careful attention from an experienced legal team like ours. Our employment law attorneys devote their time and resources to providing high-caliber advocacy in meal break cases.
Unpaid tips
Our office is an exclusive employment law firm with years of experience in employment disputes involving different violations, such as failure to pay minimum wage and workers not receiving proper compensation for tips received from customers. Our team will review your situation and fight to get you the compensation you deserve. We understand that being cheated out of wages can be a frustrating experience and are committed to getting justice for our clients.
Unpaid Business Expenses
Law Offices of Sean S Vahdat & Associates is a leading employment law firm specializing in helping employees with their unpaid business expenses. We cover all types of unpaid business expense-related cases, from withholding wages to nonpayment for gas and mileage reimbursement to nonpayment of other employee expenses. We understand how important it is for employees to get fair compensation in a timely fashion, so we take every case seriously and strive to give you the legal assistance you need. With Law Offices of Sean S Vahdat & Associates on your side, you can rest assured that your case will be handled professionally and efficiently by a dedicated team of professionals who always have your best interests in mind.
Rest periods
As an employment law firm, we provide consultations for various types of cases involving violations in this regard. We strive to ensure the rights of employees are protected from unfair situations or conditions imposed by their employers. If you are uncertain about your rights as an employee when it comes to legal rights covering rest periods, please contact the Law Offices of Sean S Vahdat & Associates and speak with one of our experienced representatives.
What Questions Should I Ask an Employment Lawyer?
In today’s complex business environment, it is important to have a strong understanding of your rights as an employee. If you are facing a legal issue in the workplace, such as wrongful termination or discrimination, you may need to hire an employment law attorney. But before you begin looking for the right lawyer for your case, it is essential to know what questions to ask. Let’s take a look at some of the most important questions to ask when meeting with an employment lawyer in Orange, CA.
How Much Does An Orange Employment Lawyer Cost?
Discussing fees is often uncomfortable but necessary if you want to avoid any surprises down the line. Ask about the lawyer’s payment structure and how much you can expect to pay for services such as initial consultations, document preparation, and court appearances. Many employment law attorneys charge flat fees or hourly rates depending on the complexity of the case so make sure that you understand these details before signing any documents.
Do I need to hire an employment lawyer in Orange, CA?
Hiring an employment lawyer in Orange, CA is a big decision and one that should not be taken lightly. Before deciding on which lawyer is best suited for your case, it is essential that you understand what questions to ask during initial consultations so that all parties are on the same page regarding fees and expectations for success moving forward. Asking these questions will help ensure that your case is handled professionally and efficiently while also helping protect your rights in the workplace throughout its duration – no matter which lawyer or firm you decide on hiring!
Conclusion
Law Offices of Sean S Vahdat & Associates has been providing excellent legal services for over 20 years. Our employment law firm assists individuals and employers with all areas of employment law, including wrongful termination, discrimination, harassment, unemployment benefits, and more. We have a team of experienced attorneys who are dedicated to providing efficient counsel and creative solutions to all legal matters. With the Law Offices of Sean S Vahdat & Associates, you can trust that you’re in good hands with our friendly and knowledgeable staff who will do their best for your case. Contact us today for a free consultation to see how our skilled attorneys can bring justice to your situation.