Overtime Waiver

Certain California Wage and Hour Rights Cannot be Waived

California strives to protect employee wage and hour rights. Suppose you sign a contract that waives your meal and rest breaks or your right to be paid your wages in a timely manner. Once, and if, a lawsuit to recover those wages is filed, your current or former employer is most likely going to defend the action by claiming that you waived your wage and hour rights. However, if your employer committed any of the following wage practices against you or your fellow employees, one of Blumenthal, Nordrehaug & Bhowmik’s experienced attorneys may be able to help you assert your non-negotiable and non-waivable state rights and help you recover money for:

  • Failing to provide a 30-minute, uninterrupted meal and rest break for every five hours that a non-exempt employee works
  • Failing to pay employees overtime wages at one and a half times their regular rate of pay for hours worked in excess of eight in a workday, forty in a workweek, or the first eight hours on a seventh consecutive workday
  • Failing to pay employees overtime wages at two times their regular rate of pay for all hours worked in excess of twelve hours in a workday or eight hours on a seventh consecutive workday
  • Failing to pay employees back for work-related expenses, such as tools, equipment, vehicle usage, or training

 

California Labor Laws Protect Employee Wage and Hour Rights

Pursuant to California Labor Code Section 229: “Actions to enforce the provisions of this article for the collection of due and unpaid wages claimed by an individual may be maintained without regard to the existence of any private agreement to arbitrate. This section shall not apply to claims involving any dispute concerning the interpretation or application of any collective bargaining agreement containing such an arbitration agreement.” Similarly, California Labor Code Section 219 states, “no provision of this article can in any way be contravened or set aside by a private agreement, whether written, oral, or implied.”

Call 800-568-8020 for a Free Evaluation of Your Rights to Overtime Wages

In fact, California gives certain rights to employees that cannot be waived, such as the right to uninterrupted meal and rest breaks, the right to collect the full amount of earned wages, and the right to accurately itemized wage statements. If you think that your current or former employer violated your wage rights, contact one of California’s premier employment law firms, Blumenthal, Nordrehaug & Bhowmik, for a free consultation regarding your wage and hour rights.