In return, you deserve to be fairly and promptly paid all the wages that you're owed. We will provide advice about your situation and your options for obtaining the compensation that you earned. For example, this occurs in the computer software industry and also with respect to employees who work on commission, such as stockbrokers. Some are relatively easy for a worker to spot, while others require detailed analysis to uncover. This means the employee hasn't been fully and/or properly paid for the work they've done. You are also entitled to 2 times your regular rate of pay for working more than 8 hours on your 7th consecutive day of work. This is a major problem in Los Angeles and throughout the state of California. Failing to track or pay overtime wages. If your employer has failed to pay you minimum wage or the appropriate wages for overtime hours, or if your employer requires that you continue working through a meal break or rest period, you may be entitled to compensation in the form of a wage and hour claim. Call us today to see how we can assist you. The following is a list of how employers might perform violations: - Not allowing employees to take a meal break. Workplace Retaliation.
Collecting Unpaid Wages, Overtime and Penalties. Unfortunately, all too often employers do not pay for overtime or employees are forced to limit the hours they clock to 40 despite working more hours. Other Wage and Hour Violations: In addition to overtime payment issues, California employers are often guilty of other wage and hour violations such as neglecting to reimburse employees for business expenses, pay deductions for everything from bonuses and uniforms to uncollected fees or shortages, and failing to pay for non-commute travel time or unrecorded hours employers may be required by law to pay their employees. An employer cannot design rounding policies to underpay their workers and must follow two rules: - The policy must be fair and neutral on its face, and. How long has the lawyer been in practice? The two most common wage and hour laws are minimum wage and overtime.
Basic California Wage and Hour Laws to Consider. When facing wage and hour disputes, you don't want a general practitioner that only has a passing knowledge of employment law—you want someone who focuses their practice on employment law and wage and hour violations. If you are classified as a manager, and your primary duties consist of stocking shelves, ringing up cash registers and similar tasks, you may have a misclassification claim. Independent Contractors. Los Angeles - Headquarters. You may calculate the damages entitled by subtracting the applicable minimum wage from the rate received from your employer. But the state and federal regulations of overtime are complex and often confusing, and employers (especially multi-state corporations) often misclassify employees, intentionally or accidentally, to avoid paying overtime wages. All too often companies intentionally try to take advantage of their employees and cut corners to save money. In certain circumstances, employees may also be entitled to be paid for waiting time even when they are off-site.
If you have been wronged in the workplace, call King & Siegel now for a free 30-minute consultation to discuss your case and options! For example, an employer may round to the nearest tenth of an hour because paying an employee for 4. A Los Angeles wage and hour lawyer knows that these laws are designed to protect your rights. If your employer mistreated you, it's time to take action. Rules Covering Employees That Earn Commission. Under California law, employers are prohibited from sharing in or keeping any portion of a tip or gratuity left for or given to one or more employees by a customer. In California, this commonly occurs when employees are classified as an independent contractor, despite doing the work of a regular, full-time employee. 3 billion in awards for our clients in individual and class action lawsuits involving: - Wage and Hour Laws. Our labor lawyers and employment attorneys in Los Angeles offer free initial consultations for employees.
5 hours per day must receive at least one 10-minute rest break. Employees who earn commissions can also be entitled to overtime unless more than half of their income comes from commissions and their income in each pay period is more than 1. In other words, if you make $15/hour, your employer might have to pay $330 in extra wages. Employment law is tricky, and if without the proper knowledge and resources you could be taken advantage of by your employer.
NO RECOVERY | NO FEE(310) 553-5630. California Wage & Hour Law. Free Legal Advice for Employees in Los Angeles. We're here to fight for you and to hold your employer responsible. The law typically refers to employees who report violations as whistleblowers. More than six days in a single workweek. As we never charge our clients a penny out-of-pocket, you can rest assured that when we accept a case, we are standing behind our client 100% and will fight aggressively for their rights. California law imposes penalties on employers who do not follow these requirements. Division of Labor Standards Enforcement (DLSE) Enforcement Policies and Interpretations Manual § Your Employer Misclassified You as an Independent Contractor?
Municipalities throughout the state have different minimum wages. Employers who fail to follow the law are liable for both penalties (waiting time penalties) and for the amount of wages due but You an Employee Who Has Been Misclassified as an Exempt Employee and is Not Being Paid Overtime? Lunch Break and rest break laws are both employment laws that are governed by the Federal Government and the state in which you live. Customer Service: +1 510 726 1278. The employee must also meet all the FMLA's guidelines to be eligible. State statutes on wages and hours apply to employees, as separate from independent contractors. Sometimes, employers misclassify employees as independent contractors. Employers must compensate their employees for all time worked, even time worked in excess of the normal 40-hour workweek (commonly called overtime, which must be compensated at a greater rate). If your employer fails to pay you for properly worked overtime hours, a wage dispute lawyer in Los Angeles may help you recover damages. Categories of information required to be on itemized wage statements include: Your employer also has a Record Keeping duty concerning documents related to your employment and must allow you to inspect them under certain conditions. While rounding can work in an employee's favor, rounding can also result in an underpayment.