The State of California requires that its people are treated fairly, and has some of the toughest laws to protect its workers and ensure they are treated fairly. California’s strict labor laws cover:
- Minimum wage
- Overtime pay
- Expense reimbursement
- Alternative workweek schedules
- Wage deductions
These laws apply to anyone who is classified as a non-exempt employee under Fair Labor Standards Act. However, often employers misclassify employees as independent contractors or as exempt. So, even if you are not classified as a non-exempt employee, you may still have a wage claim if you have been misclassified. Our experienced team of Los Angeles employment law attorneys know how to identify such mistakes and get you the compensation you deserve for your work.
Unfortunately, employers cheat workers out of wages and overtime in many ways using a variety of methods.
For many businesses, employee compensation is one the largest expenses, creating an incentive to shave hours off workers’ timecards, withhold benefits, and reduce labor costs.
Some of the most common forms of wage abuse involve:
- Minimum wage violations
- Overtime pay violations
- Misclassification of workers
- Unpaid “Off the clock” work
- Employee payroll debit card fees
- Improper recordkeeping
- Tip-sharing and tip-pooling violations
- Uncompensated meal breaks
- Unreimbursed mileage and expenses
- Failure to pay for time spent donning and doffing gear and equipment
Wage claims can be complicated and often require extensive investigation into employment records, repeated negotiations with the other party, and sometimes litigation. The attorneys at our firm are ready and able to help you with every stage of your case, no matter what it entails or how complicated it gets. We specialize in employment law and are very familiar with successful strategies for victims of wage violation claims. Do not hesitate to call our firm today for help.
Overtime Laws And Requirements
The Fair Labor Standards Act (FLSA) makes it mandatory for all employers, regardless of the size of the company, to pay employees overtime for every hour worked over eight per day or 40 per workweek. “Overtime” must pay a rate of at least one and a half times the worker’s normal working wage. The FLSA applies to nearly all workplaces, since courts have interpreted the term “interstate commerce” in the act rather broadly in previous claims.
To be exempt from the FLSA overtime rule, employers must pay employees at least a $23,600 salary, and employees must take on exempt job duties. Exemptions are rare, and the majority of employees in California qualify for overtime pay. Often businesses attempt to misclassify employees in order to exempt them from entitled overtime pay.
Contact An Employment Attorney Today!
If you have not been receiving your overtime wages that are rightfully yours, there are steps that are necessary to build your case.
- Document your hours and keep a time log
- Save your pay stubs
- File a formal complaint with human resources if available at your workplace
- Note any retaliation, discrimination, or harassment you may receive after making the formal complaint, it possible
After following the steps above contact us at Victory Law Group, LLP to help assist you with your case.