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Employment · Employer defense
Wage and hour defense for employers
Wage and hour claims allege that an employer did not pay what California or Nevada law requires: overtime, meal and rest break premiums, final wages or reimbursements, often because a worker was misclassified. Fernald & Zaffos defends employers against these claims, from Labor Commissioner hearings and single-plaintiff suits to class and PAGA actions.
Leads this practice
Adam P. Zaffos · Partner
More than 25 years of complex litigation, including employment and class actions as a senior litigator at The Wonderful Company. Admitted in California.
Common claims
- Misclassification of employees as independent contractors (the ABC test, Lab. Code § 2775) or as exempt from overtime
- Overtime for hours over eight in a day or 40 in a week in California (Lab. Code § 510)
- Meal and rest breaks and the premium pay owed when they are missed (Lab. Code §§ 226.7, 512)
- Wage statements that leave out required information (Lab. Code § 226)
- Final pay and waiting time penalties (Lab. Code §§ 201 to 203)
- Expense reimbursement for work costs such as phones and mileage (Lab. Code § 2802)
Meal and rest breaks for California employers
An employer must provide a 30-minute meal period before the end of the fifth hour of work and a 10-minute rest period for every four hours or major fraction of four hours. An employer must relieve the employee of all duty, but does not have to make sure the employee takes the break (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004). Time records that show missed or short breaks create a presumption of a violation, so the policy and the records both matter.
Nevada
Nevada sets its own overtime rules, including daily overtime for some lower-wage employees (NRS 608.018), and its own final pay deadlines (NRS 608.020 to 608.050).
Deadline
Wage claims can reach back years
Most California wage claims can reach back three years, and four years when pleaded as an unfair competition claim under Business and Professions Code section 17200. An audit before a claim arrives is cheaper than a class action after.
Common questions
Don’t see yours? Call (323) 410-0300.
What are the meal and rest break rules for California employers?
A 30-minute meal period before the end of the fifth hour, a second one for shifts over ten hours, and a 10-minute rest period for every four hours worked or major fraction. Missed breaks owe one hour of premium pay per day for each type.
Is our independent contractor really a contractor?
In California most workers are presumed to be employees unless the hiring business meets all three parts of the ABC test. Some occupations have exemptions.
Can we be sued for wage claims years after the fact?
Yes. Most wage claims reach back three years, and up to four years under the unfair competition law.
An employee filed a Labor Commissioner claim. Do we need a lawyer?
It helps. Labor Commissioner awards can be appealed to superior court, and how the hearing goes affects any later class or PAGA claim.
Do you handle wage class actions?
Yes. See our page on PAGA and class action defense.
Related
The information on this page is general and is not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.