Employment Law

All American General Contractors

1. CALIFORNIA LABOR CODE VIOLATIONS: YOUR RIGHTS UNDER CALIFORNIA LAW • STATUTE OF LIMITATION IS FOUR(4) YEARS:

Any job that you worked at for the past four years where the violations occurred can be held responsible under California Law.

	• MEAL AND REST BREAKS: a. Employer Must Provide a Meal Break of at least 30 minutes and 10 minutes Rest period for every work period of more than 5 hours. The employee (worker) must be free from all duties during this time or the Employer is liable. Employer is liable for one hour of wages for each meal period missed, cost of suit and Attorneys fees. b. On Duty Meal Breaks: California law allows on-duty meal breaks, that is , taking your break while on duty, only when the nature of your work prevents you from taking a break and you have signed a document titled on duty meal break.
	•WAGES: a. California Employees, with the exception of a few, must be paid the minimum wage of $8 per hour. b. OVER TIME: Any work done in excess of 8 hours in a day and40 hours in a week must be paid at the over time rate which is 1.5 times your hourly rate. At $8 per hour, you must be paid $12 per hour. c. Wages must be paid at least twice a month. d. If you Quit? You must be paid within 72 hours. e. If you are Fired? You must be paid all wages within 72 hours. f. Cash only payment is against California Law.
	• WAGE STATMEENTS: a. At the time wages are paid the employer must provide itemized wage statements showing Gross Wages, all deductions, dates of the pay period, name of the employer and social security number or some other identifying number. Employers who fail to provide this information can face a penalty up to $4,000.00. • DD

2. UNLAWFUL EMPLOYMENT TERMINATION:

a. Wrongful Termination: • An employer can generally fire an employee for any reason except when it is in violation of California or Federal Law. If an employer violated the law in firing an employee, then, the employer can be sued for all compensation and benefits. If the employers actions are extreme, an employer can get punitive damages. Some of the illegal reasons for termination include Firing that are: • in violation of state and federal anti-discrimination laws • in violation of oral and written employment agreements • Firing in violation of labor laws, including collective bargaining laws • Terminating an employee because of race discrimination • Terminating an employee for filing a complaint or claim against the employer • Terminating an employee because she is pregnant • The attorneys at the Armstrong Law Firm have extensive experience in all aspects of employment law. Our lawyers represent workers who have been wrongfully terminated, help them assert their rights under the law, and obtain the compensation they are owed.
b. Racial Harassment. • If you are working in an environment where Racial Discrimination is tolerated can be difficult to bear. Tolerance of racial discrimination can take various forms including Racial slurs, Racial jokes, Physical intimidation, and preferences to certain racial groups on the job. Call us for a free consultation to see how we can help with you.
c. Sex-Gender Discrimination: • Gender discrimination can take on many forms. Gender discrimination can be subtle from limiting the progress of a pregnant woman to an environment where women or men are not treated equally. Also, you may be discriminated against as a result of your sexual orientation. In whatever form sex or gender discrimination takes place, the Law Offices Of Michael Hailu & Associates can help you. Call us for a free consultation..