A threshold analysis in a vast body of wage and hour law is whether an employee is correctly classified as exempt or non-exempt. Because the law imposes strict requirements for governing overtime premium, meal and rest breaks, and time-keeping of non-exempt employees, the misclassification of non-exempt employees could give rise to a variety of wage and hour claims, such as:
- Overtime wage claims
- Minimum wage claims
- Missed meal breaks
- Missed rest breaks
- Failure to provide itemized wage statements with accurate time records
- Resulting waiting time penalty
In California, vacation pay accrues as it is earned, and cannot be forfeited, even upon termination of employment. However, an employer can place a reasonable cap on vacation benefits that prevents an employee from earning vacation over a certain amount of hours. Further, California and certain cities, such as San Francisco, also have specific requirements regarding sick leave accrual. You should consult an attorney regarding the accrual requirement.
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The information provided in this website should not be construed as legal advice or legal opinion on any specific fact or circumstance. The contents are intended for general information purposes only, and you are urged to consult counsel concerning your own situation and any specific legal questions you might have.