Unpaid Interns: Were you or are you an unpaid intern? Did your employer spend more time teaching you or did you spend more time providing services to your employer? The laws regarding unpaid internships are very strict. Otherwise, it would be too easy for unscrupulous employers to circumvent minimum wage and other employment laws by simply labeling positions as unpaid internships. Generally speaking, if you have scheduled work hours and your employer is getting a net benefit out of the arrangement (other than simply the satisfaction of teaching), it is likely an illegal internship. Please contact us for a consultation.
Employees: Have you received all of your meal breaks, at least 30 minutes without any restrictions or pressure as to where you choose to enjoy your break? Do you have right to take at least at least one 10 minute break for each 4 hours that you have worked? Have you received time and a half pay for every day that you worked over 8 hours (regardless of whether you worked over 40 hours)? Double for all time worked over 12 hours in a day? Have you ever been dismissed early from a shift without being paid at least half your scheduled day’s work, but in no event for less than two hours pay? Have you ever been required to report to work on a non-work day without being paid for at least two hours? Please contact us for a consultation.
Salaried Employees: If you have been improperly receiving a salary rather than an hourly wage, it is likely that you are owed significant amounts of past wages and penalties. For example, you would likely be owed an hour of pay for each missed meal period and an hour of pay for each day a rest break was denied you, plus 30 days wages. Additionally, you would be owed overtime for any day that you worked over 8 hours. Salary is only allowed for certain types of jobs. Even then, the actual duties of the job are more important in determining whether salary is proper than the label applied to the position. For example, “Managers” must spend more than 50% of their time performing managerial duties, e.g., giving directions and instructions to subordinates, scheduling work shifts, ordering supplies, etc. It is not enough to be a “floor manager” who has authority over other employees but spends more than 50% of his or her time performing the same types of tasks as his or her subordinate employees. Click on this link for a list of the classifications for salaried employees.
William A. Adams, APC
Norton, Moore, & Adams, LLP
525 “B” Street, Suite 1500
San Diego, CA 92101