When an employer and worker enter into an employment relationship, they agree to compensation for work performed. California’s Equal Pay Act protects employees against gender discrimination regarding compensation. Federal Fair Labor Standards Act (FLSA) and the California Labor Code entitle employees proper classification based on employment duties, timely payment of wages, overtime, and commissions, and meal and rest periods, among many other rights.
UNEQUAL PAY
California’s Equal Pay Act is a workplace gender antidiscrimination law. If you believe you’re being paid less for the same work as another employee (who has substantially similar job duties, education, qualification, and experience), you are entitled to equal pay regardless of gender. This law protects both male and female employees.
COMMISSIONS AND BONUSES
An employer reserves the discretionary right to pay bonuses to employees. Commissions earned, however, are wages and therefore not discretionary. The terms of commission income must be set in writing and are usually based on employee performance and the revenue, sales, and profit the employee brings to the company. An employer is required to pay your commissions earned.
OVERTIME
If you are properly classified as a salaried employee, you do not qualify for overtime pay.
If you are a properly classified hourly employee, you are entitled to:
- Minimum 10-minute rest for every 4 working hours
- Minimum 30-minute meal break for a shift that lasts at least 5 hours
- Pay for all hours worked (off the clock hours like weekends, on-call hours, travel time during a shift, and overtime)
- Overtime pay
Click [ HERE ] to submit your facts through our online intake form.