Cohelan Khoury & Singer Cohelan Khoury & Singer 2026-06-04T22:16:38Z https://www.ckslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1303817/2024/06/cropped-Cohelan-Khoury-Singer-site-image-32x32.png On Behalf of Cohelan Khoury & Singer <![CDATA[Summer jobs and wage theft: do California youth have the same rights?]]> https://www.ckslaw.com/?p=47022 2026-06-04T22:16:38Z 2026-06-04T22:16:38Z The California minimum wage applies to everyone A frequent violation involving youth employment is the "beginner" wage bluff. Unscrupulous business owners attempt to pay a lower hourly rate to teenagers or college students, claiming they lack experience.
  • The statutory baseline: The state minimum wage is $16.90 per hour for all employers, regardless of age or headcount. In San Diego, this minimum wage is $17.75 per hour.
  • The learner restriction: Employers may pay "learners" (workers with no prior experience in that occupation) 85% of the minimum wage, but only for their first 160 hours of employment. Local county or city ordinances frequently mandate higher local minimums and prohibit learner exceptions entirely.
Attempting to pay a student less than the statutory base rate beyond the strict 160-hour learner window constitutes a direct wage violation of the California law.

Overtime, breaks, and tip protection

Whether a student is home from college or in high school dictates their maximum summer hours, but it never alters their right to standard workplace protections:
  • Overtime mandates: Adult seasonal workers and non-exempt students must receive 1.5 times their regular pay rate for any work exceeding 8 hours in a workday or 40 hours in a workweek.
  • Meal and rest breaks: Under Industrial Welfare Commission (IWC) Wage Orders, workers are guaranteed a paid 10-minute rest break for every 4 hours worked, and an unpaid, uninterrupted 30-minute meal break for shifts over 5 hours. Missing a break triggers a mandatory penalty equal to one additional hour of pay.
  • Tip retention: Tips belong exclusively to the employee. Managers and supervisors are strictly prohibited from taking any percentage of tips or using them to offset the minimum wage.
California's strict structural break rules dictate that if an employer fails to provide an uninterrupted meal or rest window, they must pay the worker a full one-hour wage premium. Reviewing the statutory rules for wage and hour claims in California is an indispensable step toward holding exploitative management accountable. If a summer employer alters your timesheets, misclassifies you as an "unpaid intern" while forcing you to perform regular clerical work, or refuses to pay final wages immediately upon separation, they are violating state law. Contact a dedicated labor attorney to audit your seasonal file, file a claim with the Labor Commissioner, and recover your unpaid wages, penalties, and interest.]]> On Behalf of Cohelan Khoury & Singer <![CDATA[Baggage handlers have meal breaks and rest periods in California]]> https://www.ckslaw.com/?p=47018 2026-05-19T19:22:27Z 2026-05-19T19:22:27Z Most people know that airline baggage handlers have physically demanding jobs, sometimes having to work in the sweltering California heat. These workers handle tasks like loading, unloading, sorting and moving baggage. They’re under considerable pressure to keep flights on time while working around loud equipment and doing heavy lifting.  For those who work in California, special protections exist that mean employers have to provide them with meal periods and rest breaks as long as they meet certain requirements. Understanding these can help these hardworking men and women to get the breaks from physical exhaustion they deserve on each shift. 

Meal breaks

Meal breaks are required if the baggage handler works at least five hours in a day. A second one is required if the worker’s shift is longer than 10 hours. Each meal break must be as close to the middle of the shift as possible. If a worker has a shift that’s five to six hours, they can waive their meal break with a mutual agreement with the employer. The same is true of one of the two meal breaks if they work 10 to 12 hours.  A meal period is an unpaid break as long as the worker is completely relieved of their duties. They must be free to spend their meal period how they see fit without being disrupted to do any type of work. If the employee is expected to work, they must be paid for the entire meal period. 

Rest periods

Rest periods are shorter breaks that must last at least 10 minutes. One rest period is required for every four hours worked; however, if a person works a major fraction of four hours, they still get a break. Because of the “major fraction” wording, a person who works six hours would be entitled to two breaks.  Baggage handlers may be especially vulnerable to missed breaks because of staffing shortages, flight delays, and arrivals that land one right after the other. This can make breaks feel impossible to take, but it’s up to the employer to ensure employees have their required meal breaks and rest periods.   ]]> On Behalf of Cohelan Khoury & Singer <![CDATA[What to look for in a San Diego employment law attorney]]> https://www.ckslaw.com/?p=47010 2026-04-19T15:39:47Z 2026-04-19T15:39:47Z Find a professional who prioritizes workers It is somewhat common for employment law professionals to work with both employers and employees. This can create a conflict of interest, especially if an attorney has a pre-existing connection to a company or to other businesses that have close working relationships with a professional’s employer. Frustrated employees typically benefit from working with attorneys who focus on worker rights, rather than corporate protection, during employment law disputes.

Local awareness

There are some large lawyer networks and interstate firms that advertise blanket availability across the Southwest or even the entire United States. The people handling intake at these companies may be unfamiliar with the unique employment laws that apply in California. They may provide inaccurate guidance to professionals regarding their rights if they are unaware of unique state statutes.

Compatible communication systems

Some employment law firms only have English-speaking staff members. Others require that clients communicate through administrative assistants and paralegals instead of working directly with the lawyer. Firms that offer multilingual support and direct communication with attorneys are often better options for many workers whose finances and careers may hinge on the successful outcome of a lawsuit. Scheduling initial consultations with law firms that have local offices to review a legal matter before making a final decision about who to work with can be a smart move. At the end of the day, selecting a law firm that focuses on the rights of employees and that has experience in the local courts, as well as working with major local employers, can help professionals navigate complicated employment law issues as successfully as possible.]]> On Behalf of Cohelan Khoury & Singer <![CDATA[When can San Diego workers take protected leaves of absence?]]> https://www.ckslaw.com/?p=47009 2026-04-19T14:21:03Z 2026-04-19T14:21:03Z What types of leave are available? Most employees in California are eligible for paid sick leave. Employers generally need to offer even part-time and temporary workers a minimum of five days or 40 hours of paid sick leave annually. Workers may also be eligible for five days of bereavement leave after the death of a family member or victim’s leave if they experience domestic violence or other criminal activity. California also protects the right to take unpaid leave. The Family and Medical Leave Act (FMLA) is the federal law that guides unpaid leave. The California Family Rights Act (CFRA) expands on that law. Workers at companies with five or more employees may be eligible for up to 12 weeks of unpaid leave under the CFRA.

Retaliation is unlawful

Whether workers request two days of paid sick leave due to the flu or two weeks of unpaid CFRA leave to heal from an orthopedic injury, their employers should allow them to take leave without punishing them. Leave retaliation can manifest as a demotion or pay reduction after taking leave. Some companies unfairly deny leave requests or fire workers who insist on taking leave as allowed under the law. In some cases, employers may start taking issue with an employee's job performance or writing workers up for minor violations they ignore from other employees. Any form of retaliation against a worker who took protected leave may constitute illegal retaliation and could be grounds for an employment lawsuit. San Diego professionals dealing with leave-related employment disputes often need assistance. Consulting with an attorney who specializes in employee representation can help workers understand and assert their protected leave rights.]]> On Behalf of Cohelan Khoury & Singer <![CDATA[Is your hospital violating California meal and rest period laws?]]> https://www.ckslaw.com/?p=47008 2026-03-06T17:47:40Z 2026-03-06T17:47:40Z A meal period is more than just a ‘quick bite’ If you work more than five hours, your employer must provide a 30-minute meal break. You must be completely relieved of all duties during this time, meaning you should not have to answer calls or stay "on-call" while you eat. Under state rules:
  • You get a second 30-minute meal break if your shift lasts longer than 10 hours.
  • The law allows you to waive your first meal break only if your shift ends by the sixth hour.
  • Health care workers can often waive the second break on long shifts through a written agreement.
  • If the hospital requires you to stay on-site during your break, they must pay you for that time.
Hospitals must staff units properly to ensure these uninterrupted periods. The rules ensure you have the energy to provide the best possible care to patients.

Do not discount short breaks

Rest periods are just as important as your lunch hour. California requires a 10-minute paid rest break for every four hours. These small gaps in your schedule help prevent burnout and medical errors. Under California employment law:
  • Rest breaks count as time worked, so you stay on the clock.
  • Your employer cannot ask you to "combine" these breaks at the end of a shift.
  • You should take these during your work period whenever possible.
Taking these breaks is a legal standard designed to keep both you and your patients safe. The law puts the responsibility on the employer to manage the schedule so you can step away.

How to address missed breaks

When a hospital fails to provide these breaks, it owes you a penalty. You qualify for "premium pay" equal to one additional hour of pay for each day a meal break is missed. You may also secure a second hour of pay if the hospital also failed to provide rest breaks on that same day. Skilled meal and rest break violation attorneys understand the complex rules that govern California medical facilities. Working with an experienced lawyer protects your rights and helps ensure that you receive every dollar you earned.]]> On Behalf of Cohelan Khoury & Singer <![CDATA[Can a boss terminate you for your disability?]]> https://www.ckslaw.com/?p=47007 2026-02-19T14:56:52Z 2026-02-19T14:56:52Z Identifying wrongful termination Under the Fair Employment and Housing Act (FEHA), an employer cannot fire you based on a protected characteristic, including disability. Your dismissal may count as wrongful termination if your supervisor exhibited these behaviors:
  • Direct bias: Your employer fired you when they found out about your mental or physical disability.
  • Retaliation: Your employer dismissed you when you requested a reasonable accommodation.
  • Failure to engage: Your employer refused to discuss possible accommodations in an interactive process and chose to lay you off instead.
Whether your condition is visible or invisible, your employer cannot fire you simply because of your impairment or because they perceive you have one. You are a professional, and your health does not diminish your value.

Proving employer misconduct

In a wrongful termination case, the burden of proof starts with you showing that your disability was a substantial motivating factor in your firing. You must gather evidence of this motivation, which may include:
  • Performance reviews
  • Emails or text threads where you requested accommodations or your manager made disparaging remarks about your health
  • A timeline of events leading up to your termination
  • Witnesses who were present during your termination meeting
It is important to note that you generally have three years from the date of the termination to file a complaint with the California Civil Rights Department.

Facing the difficult legal landscape

When filing a report about wrongful termination, employers can use at-will employment or performance issues as defense strategies. If you know that what you experienced was different, consulting an employment law attorney can help you determine whether you have a case.]]> On Behalf of Cohelan Khoury & Singer <![CDATA[The hidden wage theft: What off-the-clock work means]]> https://www.ckslaw.com/?p=47006 2026-02-09T10:32:36Z 2026-02-09T10:32:36Z Examples of off-the-clock work You may have performed off-the-clock work without realizing it. Examples can include, but are not limited to, the following:
  • Checking or responding to work-related texts, emails or calls after hours
  • Attending training sessions or meetings outside of your work schedule
  • Completing tasks at home after working hours
  • Arriving early to prepare for work without punching in
These activities may appear minor, but the minutes you spend on each one deserve pay.

State laws that prohibit wage theft

While the Wage Theft Prevention Act requires a notice at hire, the Workplace Know Your Rights Act now requires an additional annual notice for all employees. This is a response to the incidents where employees receive below minimum wage with no paper trail. Furthermore, the landmark ruling in Troester v Starbucks in 2018 further established protections for employees. The California Supreme Court rejected the federal de minimis rule, requiring employers to include small increments of time if they are a regular part of the job.

Take back your time

Minutes can turn into hours of stolen labor. If your workplace culture treats off-the-clock work as part of the job, it may be violating the law. Tracking these moments is the first step to fighting for your rights. Speaking with a qualified employment attorney can help you determine exactly what you are owed and how to protect your rights effectively.]]> On Behalf of Cohelan Khoury & Singer <![CDATA[When an employer makes questionable deductions from a paycheck]]> https://www.ckslaw.com/?p=47005 2026-01-26T18:15:47Z 2026-01-26T18:15:47Z Deductions due to mistakes or performance issues In some cases, employers may claim that they intend to assess a financial penalty for performance issues with a worker. Other times, they may insist on holding a worker directly responsible for damaging company property. Perhaps the worker backs a piece of heavy machinery into the trailer of a semi-truck, causing thousands of dollars of damage. Maybe they forgot to lock the door of a retail establishment when leaving for the night, resulting in trespassers causing significant damage. Perhaps a dishwasher broke a stack of plates. Employers generally cannot initiate wage deductions to hold employees accountable for their mistakes, damage to company property or performance issues.

Deductions for business expenses

Perhaps the worker needs to wear a uniform while on the job. The company has a responsibility to provide that uniform as opposed to charging the worker to acquire one. Maybe the job involves dangerous tasks or a risky work environment. Employers generally cannot pass the costs of training or mandatory safety gear to workers. Additionally, they cannot force employees to share in the cost of operating expenses for the company by deducting funds from their paychecks. Workers who notice inappropriate deductions from their paychecks may need to communicate with their employers. In some cases, they may even need to take legal action to secure the pay that they have technically already earned. Documenting what caused inappropriate wage deductions and discussing the matter with an employment law professional can help workers understand their rights. Illegal wage deductions are a common form of wage theft that may require prompt action to ensure that workers receive the pay they deserve.]]> On Behalf of Cohelan Khoury & Singer <![CDATA[Was a sudden job termination the result of age discrimination?]]> https://www.ckslaw.com/?p=47003 2025-12-29T14:52:55Z 2026-01-06T14:51:38Z Who is at risk of age discrimination? Age discrimination laws do not apply universally to all workers. Instead, they specifically protect workers who are over the age of 40. Employers do have the right to require a certain amount of experience or an education that younger workers may not have yet obtained. However, most employers cannot consider a worker's advanced age as a justification for denying them employment or terminating their position. Older workers, especially those in public-facing positions, such as salespeople, are especially vulnerable to age discrimination that culminates in a worker’s termination.

How do workers prove discrimination?

In some cases, age discrimination is evident due to a pattern in the company's behavior. If the business consistently fires older workers and replaces them with younger workers who command lower wages, then that pattern of conduct could indicate consistent discrimination against older employees. Other times, the termination may follow a pattern of mistreatment in the workplace. The professional may have even reported a hostile work environment because their coworkers or supervisor abused them because of their age. Whether a company chose to fire someone because of their age or retaliated against them for invoking their right to a harassment-free workplace, the affected worker could potentially have grounds for a wrongful termination lawsuit. Proving that age discrimination occurred can help frustrated employees hold their employers accountable for inappropriate and unlawful employment decisions.]]> On Behalf of Cohelan Khoury & Singer <![CDATA[Which workers are exempt from overtime pay requirements?]]> https://www.ckslaw.com/?p=47002 2025-12-29T14:24:50Z 2026-01-03T14:23:10Z Salaried white-collar employees The biggest category of exempt workers is likely white-collar professionals paid on a salary basis. Hourly workers generally have a right to overtime pay regardless of their industry. Those who work in white-collar settings and receive salaries are often exempt from overtime rules, provided that their salary meets the current minimum threshold established by state regulations. The law also considers the job functions they perform. Outside salespeople, administrative professionals exercising personal judgment at work, executives, tech workers and learned professionals are often exempt.

Transportation specialists

Semi-truck drivers, taxi cab drivers and other transportation professionals are usually exempt from overtime payrolls. Frequently, their employers may schedule them for shifts that keep them on the road for more than eight hours per day. Doing so does not trigger overtime pay rights in most cases.

Certain health care professionals

Long daily work schedules are also standard in the medical sector. Nurse practitioners, physicians and other medical professionals often work 12-hour shifts. Typically, they are not eligible for overtime, although there are some exceptions. If their salary is at least twice the salary earned by those making minimum wage, they may not be eligible for overtime pay. Some nurses may be eligible for overtime pay based on job functions and salary, while others may be exempt. Technicians, home health aides and licensed practical nurses are often not exempt. Understanding California’s overtime pay exemptions can help workers identify when they have not received the overtime pay that they deserve. Non-exempt and hourly workers who do not receive proper overtime may have grounds for a wage and hour lawsuit. Their employers may ultimately need to pay them the overtime wages that they have not yet received.]]>