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When an employee falls victim to an employer’s wage and hour violations, the first and probably only things that come to mind are unpaid wages, unpaid overtime, and meal break and rest break violations. There are, however, other wage and hour claims that arise as a result of an employer’s failure to pay wages or meal and rest break premium payments. These claims, otherwise known as “derivative” claims because they occur as a derivative result of an employer’s failure to pay wages and/or meal/rest break premiums, are (1) Wage Statement Penalties, and (2) Waiting Time Penalties.

A. Wage Statement Penalties

CAL. LAB. CODE § 226 provides that an employer shall provide its employees with accurate, itemized w...

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You apply for a job through a temp agency, which then sends you to work for a contracting employer where you get injured on the job or suffer an employment violation. Who do you sue? Who is your “employer?”

Generally, an employment relationship is not automatically defined by labels such as “employer,” “employee,” or “independent contractor.” The degree of control over another individual's work is what defines an employment relationship.

The Industrial Welfare Commission Wage Orders broadly define “employer” to include “any person… who directly or indirectly employs or exercises control over the wages, hours or working conditions of any person…,” and ...

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About Gutierrez & Blanco

By Mindi Bachell

Gutierrez & Blanco, PLC is a boutique litigation law firm representing clients in Workers' Compensation, Personal Injury, Wrongful Death, Labor & Employment, Wage & Hour Litigation, Business Litigation, and Class Action Litigation. The attorneys at Gutierrez & Blanco, PLC serve their clients in the Workers’ Compensation Appeals Boards, California Superior Courts, and the Federal District Courts throughout the State of California. The attorneys at Gutierrez & Blanco, PLC are experienced and dedicated in achieving client goals in a timely, ethically, and efficient manner.

Depending on the type of case, typically attorneys’ fees may solely be on a contingency basis, meaning that you do not pay anything unless the attorneys at Gu...

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