Wage and Hour Violations

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Wage and Hour – Can My Employer Deny Me Overtime & Rest Periods?

California labor law has strict regulations regarding meal and rest periods, minimum wage, and the payment of wages, overtime and commissions.

Unpaid Wages & Overtime

You deserve proper compensation for your labor and any services you have provided. California labor law considers commissions to be wages, due according to the normal schedule and to be distributed as payroll. California and Federal laws require that you be paid a minimum wage.

Under California and Federal law, overtime pay laws prohibit employees from being forced to work extra hours without additional pay. If you have not been paid for time worked or have been treated unfairly in regard to your regular pay, holiday pay or overtime, you may have grounds for a wage or hour claim against your employer. You work hard for the money you earn, and should get all the money that you rightfully deserve.

  • Exempt employee: Certain classifications of employees are legally ‘exempt’ from overtime laws and therefore do not receive overtime pay. But beware, employers often misclassify employees as exempt.
  • Independent Contractors: Employers often try to avoid paying overtime by classifying workers as ‘independent contractors’ rather than employees. But many who are labeled independent contractors by their employers are actually entitled to receive overtime compensation. Simply calling an employee an independent contractor does not mean you legally are.

Workers who have been denied overtime pay are entitled to recover the unpaid overtime wages, plus attorneys’ fees, costs, and interest. Federal law also allows workers to recover ‘liquidated damages’ equal to the amount of overtime wages owed. Unpaid wages can lead to severe financial distress. We understand that you may need this money to pay the rent or utilities and to buy groceries for your family.

If you have been denied overtime or other pay because your employer said you were an exempt or you were an independent contractor, please call us for an evaluation of your case. We can help.

Meal & Rest Periods

In order to protect the health and well-being of employees, the state of California regulates meal and rest periods in the workplace. Hourly employees are subject to the following meal and rest period guidelines, except when a voluntary written waiver of a meal period has been signed:

Hours in Shift Meal and Rest Periods
5 hours One 30 min break, one 10 min break
10+ hours Two 30 min breaks, two+ 10 min breaks


An employer’s failure to provide sufficient rest periods may subject them to penalties and entitle the employee to extra pay. However, employees cannot leave early because they worked through a meal period. If you were denied appropriate meal and rest periods, contact The Webb Law Firm to discuss your legal options.

Let the Law help you

If you or someone you know has suffered some type of injustice at work, we want to help you and while doing so be a voice for positive change – it will help deter future misconduct. At the Webb Law Firm we are Employment Law Experts with a winning track record of holding employers accountable for workplace violations and protecting working families. The law provides that employees “shall be granted all relief necessary to make the employee whole.” Which may include reinstatement, lost pay & all benefits, mental suffering, quality of life, litigation costs, and attorney fees. So let’s talk!

Contact Us for a Free Confidential Consultation

Whenever possible, we handle cases on a contingency fee basis, our assurance that we believe in you and your case. We are confident that we can successfully recover for your harm and if we don’t win you don’t have to pay us one penny for our attorney fees. We are committed against injustice by those in powerful positions and to holding them accountable for injury or harm to innocent victims.

“Tell us about your case – We are here to help!”