BISNAR |CHASE Taking on Wage & Hour Claims
September 02nd 2010 by ALA Editor
The attorneys over at BISNAR | CHASE have successfully helped Cesario Rodriguez settle a wage and hour claim against Teledyne Controls. Cesario is a hard-working American citizen and spent most of his life devoted to Teledyne Controls, an aircraft data and information management solutions company. Unfortunately, his devotion was not reciprocated and B|C had to step in to make it right.
Cesario’s Story
Cesario had worked for Teledyne Controls since 1980. He was promoted several times and eventually became the Stock Room Supervisor. On September 4, 2009, Cesario’s company terminated him for “force reduction” (layoff), they claimed that there was not enough work and had to let him go, yet he was the only person terminated.
During Cesario’s employment at Teledyne Controls, he was assigned a few employees that he was to supervise. However, Cesario had to do most of the work himself. More than 50% of his day was spent doing others’ work rather than supervising. To be classified as a supervisor, you need to be supervising more than 50% of the time. Because of this, Cesario was improperly classified as a supervisor.
After complaining to the company, Cesario was wrongfully terminated. He contacted the wage and labor employment lawyers at BISNAR | CHASE to help him with his California’s labor laws. I have compiled a short list of facts that might come in handy.
Breaks
Under California law, if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10-minute breaks for every 4 hours you work. If your boss doesn’t comply with break requirements, they are required to pay you one extra hour of regular pay for each day on which a break violation occurred.
Overtime
Generally, non-salaried employees who work more than a 40-hour workweek must be paid overtime, which is 1 1/2 times their hourly rate. There are exemptions to this rule.
Vacation
Not every employer will offer vacation time, but if they do, they must comply with the law. Unless otherwise provided by a collective-bargaining agreement, whenever a contract of employment or employer policy provides for paid vacations, and an employee is terminated without having taken off his vested vacation time, all vested vacation shall be paid to him as wages at his final rate in accordance with such contract of employment or employer policy respecting eligibility or time served.
Very few employees know as much as they should about their rights. If you need an experienced California wage and hour lawyer, give BISNAR | CHASE a call. They are dedicated to serving you, and making violators pay for their crimes.
If you would like to learn more about wage and hour cases please read Wage & Hours Claim Settled By Employment Lawyers at BISNAR | CHASE.
