Frequently Asked Questions
If you’re dealing with a workplace dispute or have questions about your rights, you don’t have to figure it out on your own. Our team is here to listen, answer your questions, explain your options, and help you understand what steps may be available. Whether you’re still employed, have recently left your job, or aren’t sure if you have a legal claim, reaching out is a good place to start.
Below, we’ve answered some of the most frequently asked questions we hear from California employees. Every situation is different, however, and general information can’t replace advice about your specific circumstances. If you have concerns about your workplace or believe your rights may have been violated, contact Chami Law for a free, confidential consultation. In this consultation, our team will listen to your story, answer your questions, help you understand your options, and determine the best path forward.
What should I do if my employer is not paying me overtime?
If you’re working overtime and not getting paid for it, you may have a claim. In California, many employees are entitled to overtime pay when they work more than eight hours in a day or 40 hours in a week. Start by tracking your hours and saving your pay stubs, schedules, time records, or messages about your hours. Even if your employer didn’t record all of your time or told you that you weren’t eligible for overtime, you may still have rights.
If you believe you’re owed overtime, contact our team. We can learn more about your situation, help you understand your rights, and discuss your options.
Am I entitled to meal and rest breaks in California?
In California, most employees are entitled to meal and rest breaks during the workday. The exact rules depend on your job and circumstances, but your employer generally cannot deny you the breaks you’re legally entitled to. If you work more than five hours in a day, you’re generally entitled to a 30-minute meal break. You may also be entitled to paid rest breaks depending on how many hours you work. If your employer regularly asks you to skip breaks, discourages you from taking them, or requires you to work through your meal period, you may have a legal claim. In some circumstances, you may also be entitled to additional pay when required breaks aren’t provided. If you’re not getting the breaks you’re entitled to, reach out to our team. We can learn more about your situation, explain your rights, and help you understand your options.
Can my employer make me work off the clock?
You should be paid for all the time you spend working. If your employer asks you to work before you clock in, stay after you clock out, answer emails on your own time, or work through an unpaid meal break, you may need to be paid for that time.
Sometimes, off-the-clock work isn’t as obvious. You may feel like you’re expected to arrive early, finish a few things after your shift, or respond to messages after hours without actually being told to do so. If your employer knows (or should know) you’re working, simply not recording those hours doesn’t necessarily mean you’re not entitled to be paid for them.
Those extra minutes and hours can also add up. In some cases, unpaid work can push you into overtime and mean you’re owed even more. If you’re regularly working without being paid, don’t assume it’s just part of the job. Track the hours you work and save any relevant messages, schedules, or time records. Reach out to our team to discuss what’s happening and learn whether you may be entitled to unpaid wages.
Can I sue my employer for unpaid wages?
Potentially, yes. California has some of the strongest employee protections in the country, including laws that protect your right to be paid for the work you perform. Unpaid wage claims can involve overtime, minimum wage, missed meal and rest breaks, unpaid commissions, illegal deductions, or work performed off the clock. Depending on your circumstances, you may be able to pursue a claim through the California Labor Commissioner’s Office or through a lawsuit. If you believe your employer owes you wages, reach out to our team. We can learn more about what happened, help you understand your rights and what you may be entitled to recover, and discuss the best path forward.
What is wrongful termination?
Wrongful termination means being fired for a reason that violates the law. While California is an at-will employment state, employers cannot fire someone for an illegal reason, such as discrimination or retaliation for exercising certain legal rights. Wrongful termination isn’t always obvious. What happened before you were fired, how your employer treated other employees, and the reason your employer gave for the termination can all be important. If you believe you were wrongfully terminated, save any relevant emails, messages, performance reviews, or other documents, then reach out to our team. We can listen to what happened, help you understand your rights, and determine whether you may have a claim.
What should I do if my employer ignores my harassment complaint?
If you reported harassment and your employer isn’t taking your complaint seriously, you don’t have to put up with it. Keep a record of what happened, when you reported it, who you reported it to, and how your employer responded. Save relevant emails, messages, or other communications, especially if the harassment continues or your treatment at work changes afterward. California law protects employees from workplace harassment, and depending on the circumstances, you may have options beyond your employer’s internal process.
You don’t have to wait for your employer to figure it out on their own. If your complaint has been ignored or you’re experiencing retaliation, contact our team. We can listen to what happened, help you understand your rights, and discuss your options.
Should I complain to HR before contacting an employment lawyer?
Not necessarily. Whether you should report a problem to HR before contacting an attorney depends on the circumstances. In some situations, making a complaint through your employer’s internal process may be appropriate and can create a record that you reported the problem. But employees do not always need to navigate the situation alone before speaking with a lawyer.
If the situation is particularly serious, you are concerned about retaliation, you are being asked to sign a document, you have already been disciplined, or you believe your employment may be in jeopardy, getting legal advice before taking action may be especially important. A consultation does not necessarily mean you have to file a lawsuit or take immediate legal action. It allows you to understand your rights and options before deciding what to do next.
What if my employer threatens me after I make a complaint?
If your employer threatens or punishes you because you made a legally protected complaint, that may be unlawful retaliation.
For example, if you report sexual harassment, discrimination, wage violations, or other unlawful conduct and your employer then threatens to fire you, cuts your hours, demotes you, disciplines you, or otherwise treats you differently because you spoke up, that may violate California law.
The important question is why your employer took the action. An employer can generally make legitimate workplace decisions, but it cannot use threats or other adverse actions to punish you for exercising rights protected by law. If something changes at work after you make a complaint, reach out to our team.
What happens if my employer misclassifies me as exempt?
Being called a “manager,” being paid a salary, or having “exempt” listed on your paycheck does not automatically mean you are exempt from California’s overtime laws. California has specific requirements for exempt employees, and whether you qualify can depend on how you are paid and the actual work you perform, not just your job title. If your employer has incorrectly classified you as exempt, you may be entitled to overtime and other protections you were denied, including certain meal and rest break protections. Reach out to our team today. We can look at your job duties, pay, and how you were classified to help you understand your rights and options.
What is an employment class action?
An employment class action is a lawsuit in which one or more employees seek to represent a larger group of employees who allegedly experienced similar legal violations.
Rather than having every employee pursue an entirely separate lawsuit, a class action can allow qualifying claims involving a common issue to be addressed collectively. Federal Rule of Civil Procedure 23, for example, requires certain conditions to be satisfied before a case can proceed as a class action, including sufficient commonality among the claims, typicality of the representative’s claims, and adequate representation of the class.
Employment class actions can arise from alleged wage-and-hour violations, such as unpaid overtime, improper deductions, missed meal or rest periods, or other practices that allegedly affected a similar group of employees.
How do I know if I may be part of a class action?
You don’t need to know whether your situation qualifies for a class action before reaching out. That’s what we’re here to help determine. If something similar happened to multiple employees, there may be a larger issue worth investigating. Tell us what happened, and our team can look into the circumstances, determine whether others may have been affected, and help you understand your options.
What types of employment violations can lead to a class action?
Employment class actions can arise when a group of employees has been affected by the same or similar workplace practices. Common examples include, but are not limited to:
- Unpaid overtime
- Off-the-clock work
- Unpaid wages
- Improper wage deductions
- Unlawful pay practices
- Missed or improperly provided meal periods
- Missed or improperly provided rest periods
- Employee misclassification
Whether a case is appropriate for class treatment depends on the specific facts and legal requirements. A company-wide policy does not automatically make a case a class action, and employees affected by the same employer may have different circumstances or claims.
Why Choose Chami Law?
Chami Law focuses exclusively on employment law and protecting employees’ rights throughout Los Angeles and Southern California. Our team is made up of dedicated lawyers who combine strong legal advocacy with a personal approach because we understand how deeply an employment dispute can affect your life. Your job impacts your financial security, your family, your career, and your sense of dignity. When those things are at stake, you deserve someone who listens, understands, and stands by you. We’re here to help you understand your rights, explore your options, and fight for the outcome you deserve.
Time Limits Matter
There are strict time limits for bringing employment law claims in California, and the deadline can vary depending on the type of claim and the circumstances of your case. Some claims must be initiated within as little as six months, while others may have longer deadlines. Because missing a filing deadline can affect your ability to pursue a claim, it’s important not to wait to find out what time limits may apply to your situation. Speaking with our team early can help you understand your rights, the deadlines that may apply, and your options for moving forward.