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Employment Law Attorneys Bay Area

HomeEmployment Law Attorneys Bay Area

Employment Law Attorneys Bay Area

Employers can let employees go at will, which means they don’t need a specific reason, and employees also work at will. This said, however, there are important laws in place that prevent employers from firing employees illegally, discriminating against employees based on inclusion in a specific class, engaging in wage and hour violations, and more. If you have questions or concerns related to your job, it’s time to consult with an experienced employment law attorney in the Bay Area.

Discrimination on the Job

It’s unlawful for employers to focus on an employee who belongs to a protected class and to discriminate against them as a result, which can include firing, laying off, harassing, or otherwise mistreating the employee. Protected classes in this context include all the following:

  • The employee’s age if they are at least 40
  • The employee’s sex,
  • The employee’s pregnancy
  • The employee’s gender-based health condition
  • The employee’s gender, gender identity, or gender expression
  • The employee’s sexual orientation
  • The employee’s marital status
  • The employee’s physical or mental disability
  • The employee’s race, national origin, religion, or skin color
  • The employee’s health status
  • The employee’s military status – present or past 

Wage and Hour Violations

The law recognizes that employees are vulnerable to their employers’ rules and regulations, and there are mandates in place to ensure specific protections regarding the hours they put in and the wages they earn. California’s wage and hour laws require employers to pay nonexempt employees the state’s minimum wage or above. 

Exempt employees are those who earn a salary that is at least twice the state minimum hourly wage for full-time employment, which is calculated at 40 hours per week. The minimum wage for employees in California as of January 1, 2023, is $15.50 per hour. As such, the annual salary needed to qualify as nonexempt is $64,480. 

Nonexempt employees to which the following apply are entitled to overtime pay at the rate of one and a half times their hourly pay:

  • Employees who work more than 8 hours in a single day
  • Employees who work more than 40 hours in a single workweek
  • The first 8 hours that employees work on the seventh consecutive day in a workweek

Rest Break Violations

Nonexempt employees in California are also entitled to both rest and meal breaks, and many employers are not above misclassifying their employees as exempt in order to avoid requirements related to both wages and breaks. Rest break rights include:

  • Nonexempt employees are entitled to paid rest periods of 10 minutes in the middle of every 4 hours of work.
  • Most employees, including most exempt employees, are entitled to unpaid meal breaks of 30 minutes if they put in more than 5 hours of work in a day.

Consult with an Experienced Employment Law Attorney in the Bay Area Today

The practiced employment law attorneys at Olivier & Schreiber LLP – proudly serving the Bay Area – have the focus and legal insight to skillfully advocate for your rights as an employee – in pursuit of an advantageous claim outcome. Learn more by reaching out and contacting us today. 

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