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Wage & Hour – Questions and Answers

$ 6.2 million won against a fortune 500 company

Are you being paid a “salary” yet work overtime? Being paid salary and working overtime is not a problem, if you are properly classified as an “exempt” employee. If you are not an “exempt” employee, and your employer is not paying you overtime, you may be entitled to wages.

Are you being paid for all hours of work? Do you work “off the clock” or are “on-call”? If so, you may be entitled to further compensation.

Does your company have a four day/10 hour per day workweek in place? Has the California Labor Commission approved the company’s Alternative Work Week program? Many employers have these programs without proper approval due to the many legal requirements. If this is the case, you may be owed overtime wages.

Are you receiving a 30-minute uninterrupted meal break by the fifth hour? If not, call us to see whether you are entitled to break time or unpaid wages.

Are you paying for any of your work-related expenses and not being reimbursed? Check with us to determine if you should be reimbursed.

Do you have to drive your own vehicle as part of your job? Is your employer properly reimbursing you for mileage? If not, you may be entitled to a great deal of mileage reimbursement.

Do you have to pay for your tools, uniform, special shoes or dry cleaning? If the answer is “yes,” are you being properly reimbursed by your employer?

Have you been paid for all your wages owed upon quitting or termination? Did you get paid in a timely manner according to the Labor Code? If you suspect your were not paid correctly, you may be eligible for unpaid wages and penalties. Call our office to find out.

Are you being paid with an out-of-state payroll check? If so, are you required to pay check cashing fees or a check charge to cash your payroll check call us as this is against the California Labor Code.

Are your commissions properly calculated? Are you paid a commission in addition to an hourly wage? Can you easily determine the calculation of commission on your earning statement? Unsure? Call our office to determine whether it was calculated correctly. This is a common mistake of even the largest employers.

Is your employer providing you with an earnings statement that clearly states your wages, overtime, commission and deductions? If not, call our office to help you to check if you were paid properly.

Are your commissions properly calculated in your overtime wages? If you make commission in addition to an hourly wage and you work overtime, your overtime hourly wage may be different. Call us to see if you are owed wages.

Are you being paid the minimum wage even if your pay is based on commission or some other means? There are specific rules regarding “commission only”, “piece-rate” or “per-trip” payments. Call us to determine if you are being paid properly.

Are you working on a government project? If so, are you being paid the “Prevailing Wages” for your job? If not, call our office to see if you are entitled to unpaid wages.

Awards & Accolades

  • Nationwide Register's Who's Who in executives and businesses
  • Santa Clara County Bar Association The bar association of Silicon Valley
  • California Employment Lawyers Associate CELA
  • Standford who's who
  • Santa Clara County Trial Lawyers association
  • Straus Institute For Dispute Resolution Ranked #1 in the Nation for the eighth year in a row
  • NELA Advocates for Employee Rights National Employment Lawyers Association
  • Avvo Rating 9.8 Superb Top Attorney Sexual Harassment
  • Avvo Clients' Choice 2014 employment
photo of attorney Arthur A. Navarette

Meet Arthur Navarette, Esq. »

  • Navarette Law Firm, 1992-Present
  • Judge Pro Tem Superior Court, 1996-2006
  • Prudential and John Hancock Legal Departments, 1989-1992
  • UCLA School of Law, 1985-1989
  • Xerox, Motorola, IBM, 1982-1985
  • University of California, Berkeley, 1979-1982

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