If your Fresno employer has failed to comply with these vital workplace protections, the law is on your side. While some breaks may be waived by mutual consent, they cannot be revoked by an employer without your approval.
In California, the law guarantees employees overtime pay at a rate of one and a half times their hourly rate if they work more than 40 in a given week or over 8 hours on any given day. An employee is entitled to double their regular rate of pay where they work over 12 hours on any given day. Employees are also entitled to uninterrupted meals and rest breaks during their workday.
An employee who is terminated or laid off must be paid all of his or her earned and unpaid wages, including unused vacation or other paid time off, at the time of termination.
Employers sometimes improperly classify their employees as “managers” or as “independent contractors,” to prevent those employees from receiving meal and rest breaks or overtime. An employee who is classified as a “manager” but required to do non-managerial tasks may be entitled to unpaid overtime as well as compensation for meal and rest period violations. Similarly, an employee who is improperly classified as an independent contractor, but treated like an employee, may be entitled to compensation.
“Tip pooling” is the practice of gathering some or all of the tips earned by several employees, and then splitting them up in previously-agreed percentages. In California, employer-mandated tip pooling is generally considered legal, as long as certain conditions are met.g, firing, promotions, and job assignments.