Girard Gibbs LLP represents clients in class action employment lawsuits where employees’ rights are violated. Employees have rights under state and federal laws that regulate the relationship between employer and employee. These include rights to Breaks and Meal Periods, Overtime Pay, Earned Vacation Time, Itemized Statements and Prompt Payment at Termination.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

California Wage and Hour

Wage and hour claims arise when employers fail to pay employees for all hours worked. These can include claims that the employer does not pay employees the federal or state minimum wage, or that an employer forces employees to work without mandated breaks, meal periods, or "off the clock."

California Breaks and Meal Periods

California employment law requires employers to provide paid rest periods and unpaid meal breaks to non-exempt workers. Both types of break periods are based on the total hours worked in a day.

California Overtime Pay

Certain employees are legally “exempt” from California overtime laws and do not earn overtime pay. These employees usually fall within three categories: management, professional, or administrative. All other employees are considered “non-exempt,” meaning they must receive regular breaks and overtime pay.

Employers sometimes misclassify workers as “exempt” and fail to pay employees overtime or other benefits. This is often done by giving an employee a managerial or professional job title that mischaracterizes their actual work.

California Vacation Time

Vacation time (either paid or unpaid) is not guaranteed by law. Many employers do, however, provide such benefits to their employees. Under California employment law, vacation time is considered a wage. Once earned, vacation time cannot be taken away and any vacation benefits accrued but not used at the time of termination are owed to the employee in his or her final paycheck.

California Itemized Statements

California employment law requires employers to provide an itemized statement to each employee with a paycheck. The statement, or “pay stub,” must include the following information:

• Dates included in the pay period

• Gross wages, net wages and all deductions

• Total hours worked in that pay period

• Total wages paid in that pay period

• Employee’s name and social security number

• Name and address of the legal employer

California Prompt Payment at Termination

When an employee leaves a job, there are strict requirements for final payment. An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. If these requirements are not followed, former employees are eligible to compensation in the form of penalties paid by the employer.

Girard Gibbs LLP is a law firm based in San Francisco, California. Our employment lawyers are highly knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. If you believe you are owed overtime pay, have not been compensated for vacation pay, meal and break time, or that your employee rights have otherwise been violated, please fill out the form below or call us toll free at (866) 981-4800 for a consultation without charge.