Protect Your Wages and Workplace Benefits in California or Nevada

If your employer violated your rights in the last four years, you may be entitled to significant compensation.

Every day, employers across California and Nevada break the law, deny employees legally required breaks, steal wages, deny pay, and shift business expenses onto workers. These violations are illegal, and they can cost you thousands of dollars in lost wages, penalties, and benefits.

You have powerful rights under California and Nevada law. We offer free consultations and a lawyer can help you understand your options.

Below is a list of common employment law violations.

The Right to Be Paid for All Hours Worked in California and Nevada

In both California and Nevada, you are legally entitled to compensation for every minute you dedicate to your work. This right is violated when employers:

• Require you to work “off-the-clock” before you officially clock in or after you clock out.
• Force you to work during your legally mandated meal and rest breaks.
• Fail to accurately track all the time you spend working.
• And more.

You are owed unpaid wages if your employer has not paid you for every minute you have worked. You have the right to recover the full wages you earned, not just the hours your employer chose to record.

Understanding Minimum Wage Laws in California and Nevada

California and Nevada have established minimum wage standards to ensure a basic living wage for all workers. Staying informed about the current rates is crucial:

California Minimum Wage Law

California’s minimum wage is subject to change. We stay up-to-date on the current statewide rate and any local city or county ordinances that may mandate a higher minimum wage. If you have been paid less than the applicable minimum wage, even for a single hour worked in California, you may be entitled to significant remedies, including unpaid wages, penalties, and interest.

Nevada Minimum Wage Law

Nevada also has its own minimum wage laws. A Nevada lawyer can help you understand the current Nevada state minimum wage and how it applies to your employment.

Your employer cannot legally compel you to accept a wage below the legally required minimum in either state.

Overtime Pay: The Right to Extra Compensation in California and Nevada

Working beyond standard hours typically triggers your right to overtime pay:

California Overtime Law

In California, non-exempt employees are generally entitled to overtime pay at a rate of 1.5 times their regular rate of pay for all hours worked over 8 in a single workday and over 40 in a workweek. Double-time pay is often required for hours worked over 12 in a day and over 8 on the seventh consecutive day of work in a workweek.

Nevada Overtime Law

 Nevada law generally requires overtime pay at a rate of 1.5 times your regular rate of pay for all hours worked over 40 in a workweek.

A common tactic employers use to avoid paying overtime is the misclassification of employees as “exempt” or “salaried.” However, strict legal criteria must be met for an employee to be genuinely exempt from overtime. If you believe you have been wrongly classified as exempt in California or Nevada, you may be entitled to significant back pay.

What is Wage Theft? Recognizing Illegal Pay Practices

Wage theft is a broad term encompassing various illegal practices that deprive employees of their rightfully earned wages. This includes, but is not limited to:

• Failing to pay all wages owed, including regular pay, overtime, commissions, and bonuses.
• Forcing employees to work off-the-clock.
• Denying legally required overtime pay.
• Illegally deducting wages.
• Stealing or improperly withholding tips or commissions.
• Misclassifying workers as independent contractors to avoid employee wage and benefit obligations.

If you have experienced any form of wage theft in California or Nevada, you have powerful legal rights to recover the wages you are owed, and in many cases, additional penalties and interest.

Meal Break Violations: The Right to Uninterrupted Breaks in California and Nevada

California and Nevada law mandate that employees receive duty-free meal breaks to ensure their well-being and productivity:

California Meal Period Law

In California, employees are generally entitled to a minimum of a full 30-minute uninterrupted meal break if they work more than five hours in a day. If you work more than ten hours, you are typically entitled to a second 30-minute meal break. If your employer fails to provide a compliant meal break, makes you work during your break, interrupts it, or cuts it short, they may owe you one additional hour of pay at your regular rate for each day the violation occurs. So you may seek one full hour of pay for every time you have not been provided a meal period.

Nevada Meal Break Law

Nevada law requires employers to provide meal breaks, although the specifics can vary. If your employer fails to provide legally required meal breaks in Nevada, you may be entitled to compensation.

Rest Period Violations: Ensuring Paid Breaks During Your Workday

In addition to meal periods, employees in California are entitled to paid rest breaks:

California Rest Break Law

California law generally requires employers to provide non-exempt employees with a paid net 10-minute rest break for every four hours (or major fraction thereof) worked. If your employer denies you these breaks, makes you work during them, or fails to provide enough rest breaks based on your hours worked, you may be entitled to one additional hour of pay at your regular rate for each day the violation occurs.

Nevada Rest Break Law

While Nevada law does not mandate paid rest breaks with the same specificity as California, employers often provide them. If your employer has a policy of providing rest breaks and denies them, it could be a violation of company policy or potentially other legal principles.

Sick Leave Rights: Utilizing Paid Time Off for Illness in California and Nevada

Protecting your health and the health of your family is paramount. Both California and Nevada have laws ensuring your right to earn and use paid sick leave:

California Paid Sick Leave (Healthy Workplaces, Healthy Families Act)

California law guarantees that eligible employees can accrue and use paid sick leave for their own health needs or to care for a family member. Employers cannot deny you the right to use your accrued sick time or retaliate against you for doing so.

Nevada Paid Leave Law

Nevada also has a paid leave law ensuring eligible employees can take paid time off for various reasons, including illness. Understanding your rights under Nevada’s Paid Leave Law is crucial.

If your employer has denied you sick leave, discouraged you from using it, or failed to allow you to use the sick leave you have earned in Nevada, they may be in violation of the law.

Unreimbursed Business Expenses: Getting Reimbursed for Work-Related Costs

If you incur necessary expenses for your job using your own money, your employer is legally obligated to reimburse you in both California and Nevada. Common unreimbursed business expenses include:

* Uniforms and required safety gear.

* Mileage driven for work purposes.

* Phone bills and internet costs for use of personal cell phones and internet.

* Office supplies you purchased for work.

* Required tools and equipment.

Failure to reimburse these legitimate business expenses is a violation of California law and Nevada law. You have the right to be made whole for these out-of-pocket costs.

Protecting Your Earned Time Off: Understanding California & Nevada Vacation and PTO Forfeiture Laws

This section discusses loss of hard earned vacation time and Paid Time Off (PTO).

California’s Vacation & PTO Law

Under California law, once you accrue vacation or PTO, it is considered the same as wages you have already worked for. The California Labor Code explicitly prohibits “use-it-or-lose-it” policies. Your employer cannot force you to forfeit earned vacation time simply because you have not used it by a specific date. Your accrued time carries over.

California employers cannot set arbitrary deadlines for using your vacation or PTO. Your earned time remains yours. California Labor Code section 227.3 prohibits the forfeiture of vested vacation time.

When your employment ends, regardless of the reason (resignation, layoff, or termination), your employer is legally obligated to pay you for all of your unused vacation hours at your final rate of pay. This ensures you receive full value for the time you earned.

Nevada’s Vacation and PTO Law

Nevada law takes a different approach to vacation and PTO, granting employers more flexibility while still providing certain employee protections. Employers in Nevada may implement use-it-or-lose-it policies for vacation time in some instances. However, this is contingent upon them clearly and unambiguously informing employees about these rules in writing. Lack of clear written notice can invalidate such policies.

If your Nevada employer promises vacation or PTO benefits—whether through an employee handbook, a written employment contract, or a consistent history of providing such benefits—they are legally bound to honor those promises.

Upon the termination of your employment in Nevada, you are entitled to receive payment for any vested vacation or PTO that you have accrued according to your employer’s written policies.

Fighting for Employee Rights in California and Nevada Legendary Law and/or Tony Roberts are On Your Side

If you believe your employer in California or Nevada has violated your rights regarding wages, breaks, reimbursements, benefits, or for other reason please know that you are not alone and you have significant legal protections.

Legendary Law PC and Tony Roberts, Esq. are dedicated to enforcing employee rights and advocating for employees. We are committed to help employees resolve issues with their current or past employers and hold employers accountable for their unlawful actions.