Basic Employment Rules

01.
for eVERY 4 HOURS WORKED, AN EMPLOYEE IS ENTITLED TO AN ON THE CLOCK 10 MINUTE BREAK.

This should take place as close to the 2 hour mark as possible. During this break, employees are entitled to do anything they want.  Employees are supposed to be relieved of ALL duties from their job. 

02.
FOR EVERY 5 HOURS WORKED, EMPLOYEES ARE ENTITLED
TO A HALF HOUR LUNCH PERIOD OFF THE CLOCK.  

Again, the employer cannot ask employees to do anything work related during these times. 

03.
AFTER EMPLOYEES HAVE WORKED 8 HOURS, THEY MUST BE PAID 1½ TIMES THEIR REGULAR HOURLY WAGE.

Meaning, if you make $10 per hour, you are then entitled to $15 per hour after the eighth hour. 

04. 
EMPLOYEES ARE STILL CONSIDERED TO BE ON THE CLOCK IF, FOR ANY REASON, THEY STAY AFTER THE EIGHTH HOUR, WHETHER VOLUNTARILY OR REQUIRED.

It doesn’t matter if they are waiting to be checked out by the employer or finishing a task or just brushing up on some last items they didn’t finish, they must be paid overtime. 

05.
ANYONE WHO WORKS MORE THAN 40 HOURS IN 1 WEEK IS ENTITLED TO OVER-TIME PAY.

06.
A PAYCHECK SHOULD HAVE SIMPLE EXPLANATIONS.

Regarding the time worked, disclosing how and why they are being paid along with any deductions.

07.
IF AN EMPLOYEE IS FIRED, HE/SHE IS ENTITLED TO IMMEDIATE PAYMENT OF ALL WAGES OWED FOR ANY TIME WORKED UP TO THAT POINT.

These examples are in no way an exhaustive list nor intended to serve as legal advice. Should you have any questions regarding wage and hour law, please contact our office and we will be happy to speak with you.

Hourly Employee Benefits

WHAT TRULY DETERMINES WHETHER A PERSON IS A MANAGER OR INDEPENDENT CONTRACTOR IS HIS/HER JOB DUTIES, NOT THE TITLE.

For example, among other requirements, employees typically do not qualify under the law as a manager unless they customarily and regularly direct the work of 2 or more full-time employees or the equivalent in part-time employees and their recommendations to hire or fire other employees is given particular weight.  

Regular employees are subject to the benefits discussed above as well as many others.  On the other hand, independent contractor and managers may not share in all of these benefits.  

It is unfortunate when an employer uses such emotionally empowering labels to cheat hard working employees out of their fair wages.  Being labeled a manager naturally results in a sense of pride for hard working employees.  It is unfortunate that employers sometimes use this emotional appeal to short-change these dedicated employees.  

IF YOU HAVE BEEN CLASSIFIED AS A MANAGER, ARE WORKING AS AN INDEPENDENT CONTRACTOR OR ANY OTHER POSITION WHERE YOUR BOSS CLAIMS YOU ARE NOT PROTECTED BY TYPICAL WAGE AND HOUR LAWS, WE WOULD LIKE TO ASSESS YOUR SITUATION TO SEE IF YOU TRULY ARE EXEMPT FROM RECEIVING THESE STANDARD BENEFITS.

If the employer misclassified your job title, you are entitled to recover the money which should have been paid to you, such as overtime or missed rest periods.  Please do not hesitate to contact Littlefield Law so that we can do a legal assessment of your job and duties to determine if you are being properly classified and properly paid.  

CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THE PROPRIETY OF HOW YOU ARE BEING PAID.

We can go over your job duties and pay to determine if you are entitled to recover more money than you were paid.

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