A qualified Los Angeles wage and hour attorney understands the requirements of filing a successful wage and hour claim against your employer and the best path forward. Although there are some exceptions that may render employees exempt from these provisions, most employees in California have the legal right to earn overtime pay for their work. If you suspect your employer committed wage and hour violations and failed to pay you for work completed, the attorneys at Starpoint Law are here to help. Wage and hour law represent a complex area of employment law in California. The law means that an employer must pay a tipped employee the full minimum wage for every hour worked above, and beyond any tips an employee makes.
Nonexempt employees must also receive a 10-minute rest break for every 4 hours of work. Some common examples of wage and hour violations, include: Azadian Law Group, PC has some of the best Los Angeles Wage and Hour Attorneys. Illegal paycheck deductions. You may calculate the damages entitled by subtracting the applicable minimum wage from the rate received from your employer. Depending on the type of misclassification, employees could lose their right to overtime pay, meal and rest breaks, access to company health and workers' compensation insurance, and access to other company benefits. Some employers may intentionally or accidentally miscalculate the correct number of hours worked, overtime pay, and payroll deductions. Misclassifying regular hourly (non-exempt) employees as "exempt" employees. At Broslavsky & Weinman, LLP, our Los Angeles employment attorneys understand how wage and hour violations can negatively impact employees, and how unfair it is for a company to try to illegally increase its profits at the expense of the workers.
Failure to provide meal breaks or rest periods. This includes full-time, part-time, temporary, and seasonal employees, as well as independent contractors. These laws set the basic standards for pay and time worked and are put in place to protect workers. Unfortunately, some employers may ignore, exploit, or otherwise fail to follow these directives, and workers may not receive the compensation to which they are legally entitled. What are Some Common Wage and Hour Violations? In addition, our experience as trial attorneys is beneficial through the conference, hearing, and appeals process. Thus, even when an employee works less than 40 hours per week in total, he or she is still entitled to overtime pay for days on which he or she worked more than 8 hours. An experienced Wage and Hour Attorney can guide you through these standards and determine if your rights have been violated. However, state labor laws typically provide more stringent protections for workers. Federal wage and hour laws are set by the Fair Labor Standards Act.
There are many ways for employers to mistreat employees. We work efficiently and professionally to help you obtain the compensation you earned from your employer as quickly as possible. If you believe you have been the victim of a California wage and hour law violation, contact a knowledgeable California wage lawyer at Davtyan Law Firm as soon as possible to discuss your rights. Lunch Break and rest break laws are both employment laws that are governed by the Federal Government and the state in which you live. Our skills as effective communicators and aggressive litigators can help us convey the importance of your claim, helping you receive the compensation you rightfully deserve. 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. You are a dedicated employee who always shows up at work on time and strives to do a great job for your employer; however, you have worked several long months of overtime shifts and you were never paid for them. If an employee works more than ten hours in a workday, the employee must receive a second 30-minute meal break no later than the end of the employee's tenth hour of work. Not paying for employees off-site work or prep time to prepare for the job. Wage & hour lawyers can help identify improper record-keeping or misclassification of employees issues which could be keeping you from earning the compensation you are due. Contact The Law Office of Omid Nosrati to have your case reviewed by our expert team. Our labor lawyers and employment attorneys in Los Angeles offer free initial consultations for employees. Employment law is tricky, and if without the proper knowledge and resources you could be taken advantage of by your employer.
Free Case Evaluations. Southern California Wage and Hour Claim Attorney. We can review your claim and help you pursue compensation for the wages you are owed. For example, if you qualify as an "outside salesperson, " your employer is not required to pay overtime wages.
In other words, if you make $15/hour, your employer might have to pay $330 in extra wages. Overtime, timeliness of checks, break times, lunch breaks, accrued vacation pay, work preparations and expenses, or the employer's failure to give proper notice of a large plant closure, are all significant issues when it comes to wage and hour disputes. The Los Angeles minimum wage, as of July 1, 2019, is as follows: On July 1, 2020, those minimums will increase to $15. Undocumented workers cannot collect unemployment insurance in California, however, due to the fact they are not "available for work" since they are not legally eligible for work. The cost of hiring a lawyer in Los Angeles varies widely depending on the type of case and the pricing structure a law firm uses. Additional compensation may be required for employees who work more than 12 hours in a day, or work on seven consecutive days.
They regularly exhibit independent judgment and discretion in their position. You may end up filing a claim with the California Division of Labor Standards Enforcement (DLSE), filing a lawsuit in court or filing a wage claim with a federal agency, depending on the facts of your case. Wage and hour violations occur more often than you might think. Spanish Speakers Available. California law generally requires that nonexempt employees be paid for their training time.
For instance, California has a higher minimum wage requirement than under federal law, which means employers in California must pay employees a higher amount. Exceptions to this is for workdays of six hours or less. Choosing the right wage and hour lawyer can be challenging. Many Los Angeles wage and hour attorneys find that most wage and hour disputes originate from employee misclassification.
This federal legislation establishes that employees must be paid time-and-a-half for all hours worked in excess of 40 hours per week. What Do I Need to File a Wage Claim? A missed rest break also entitles the employee to one additional hour of pay at the employee's regular rate. Many of the wage and hour disputes that arise in Los Angeles erupt because the employer has failed to abide by these laws and regulations, such as when the employer: - Does not timely pay his or her employees. How many years of experience do you have in California with cases like mine? California supports some of the most comprehensive protections for workers in the United States. It's so important to understand your rights under both federal California employment law. We will pursue your options to recover wages and other compensation, so please contact our firm to schedule a consultation with a Los Angeles wage & hour claims lawyer. Please see our Minimum Wage page. Discrimination, - The Equal Pay Act, - Sexual Harassment, - Medical & Disability Leave, - Stock Disputes, - Wrongful Termination, - Whistleblowers, and. 5 times their regular rate of pay if they exceed 8 hours in a single day. Failing to pay for promised vacations.
Commissioned employees and salaried employees may qualify for overtime pay if they meet certain conditions. The rest break must occur in the middle of every four-hour work period. Which California industries have the most wage and hour violations? This can not only help substantiate your initial claim, but also may lead to a potential class-action claim, which can further hold the employer accountable for their negligent actions. Some common signs include incorrectly classifying or calculating overtime, paying less than minimum wage, illegal deductions from your paycheck, and failure to receive your check on time. In the modern market-driven era, some employers constantly try to get an edge on employee productivity. Employees may fear repercussions or retaliation from their employer in some way for filing a complaint, perhaps even termination. Employees in Los Angeles who file a successful wage and hour claim may be entitled to recover back pay, overtime pay, minimum wage, damages, and other compensation. Please see our Employer's Failure To Pay For All Hours Worked page.
It is important to spot any potential red flags, check your pay stubs, and keep all records. Employees working more than 3. They are employed for a probationary period of 90 days before taking sick leave. Collecting Unpaid Wages, Overtime and Penalties.
We have recovered millions for employees who have been cheated out of all the compensation they are entitled to under the California Labor Code. You must also receive overtime pay when working for eight or more hours on the seventh consecutive workday of the workweek. When the employer requires its employees to wait in line and pass through a security screening check-in before clocking in for a shift or after clocking out from a shift, they are under the control of the employer and must be paid for that time. 4900 California Avenue, Tower B, 2nd Floor, Bakersfield, CA 93309. You should not be denied overtime pay or be asked to sacrifice meal and rest breaks due to undocumented status. Employers must provide employees working more than 10 shift hours a second 30-minute meal break. But for legal purposes, what the employer says does not determine whether a worker is an independent contractor or an employee. Employee Misclassification. Are you misclassified as an "independent contractor" who is in fact working as an employee and being denied overtime pay for hours worked?
An attorney can help you understand your choices and allow you to make an informed decision. Failing to pay overtime or double time when earned.