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Wage & Hour
Employees in California have the right to compensation if their employers aren’t complying with the state’s laws. Lawyers for Justice, PC's wage and hour attorneys are here to help; you have every right to consult with a California wage and hour attorney if you believe your employer has violated the state labor code.
Wage theft is illegal and California has a zero tolerance policy when it comes to wage and hour violations. If any employee feels they have experienced wage theft, they should contact a Los Angeles wage and hour lawyer as soon as possible.
Wage and Hour Law In California
California labor laws were implemented to make sure wage and hour employees are treated fairly by employers, receive minimum wage, overtime pay, and rest breaks & meal breaks. When an employer violates wage and hour laws, their employees are the ones who suffer. California workers may suffer loss of income, job termination, wage theft, and other negative consequences. Los Angeles wage and hour workers can face even more deleterious consequences when they report wage and hour violations, or a wage and hour dispute, to their supervisor, including illegal workplace retaliation.
All employer must pay fair wages to their workers - at least minimum wage, of course - and follow the federal and California law regarding meal breaks, rest breaks, and overtime pay. The Fair Labor Standards Act is the federal law that a Los Angeles wage and hour lawyer helps enforce to ensure California workers receive overtime pay, rest breaks, meal breaks, and do not experience wage and hour violations, wage theft, and other infractions having to do with wage and hour laws.
Meal Periods: All workers are entitled to one thirty-minute, unpaid meal break after having worked five hours. Employee rights under FLSA dictate that no worker can work more than ten hours per day without a second thirty-minute break.
Paying Overtime: Under the California labor code, overtime compensation is mandatory for employees and includes a rate of one and one-half times the amount of their normal wage for every hour of overtime. Overtime pay refers to time worked that exceeds eight hours in a day, or exceeds forty hours per week.
Misclassifying Employees: Some employers violate California wage and hour laws to avoid paying their workers adequately. When an employer is misclassifying employees, they will sometimes claim they are independent contractors to avoid paying them overtime wages, minimum wages, and proper meal periods and rest periods.
Wage And Hour Claim Examples
There are a few examples of a wage and hour dispute.
Unpaid Overtime – If an employee was forced to work in excess of 40 hours in a 7 day period and only received a normal hourly wage, they may be entitled to back pay, as those unpaid wages constitute wage and hour violations.
Minimum Wage Violations – If an employer is not paying workers at least the state minimum wage, their employees can sue for minimum wage and hour violations.
Unpaid Meals and/or Rest Break – If a workplace is especially busy, employers may request that their employees work through meal and rest breaks. If an employer forces employees to work through breaks and is aware of it, an employee is entitled to hire a wage and hour lawyer to help them file a wage and hour claim against the employer.
Reimbursements & Travel – Some employers will count work travel as unpaid when the employee is traveling. However, all employees are entitled to be compensated for their time spent traveling for business. Failure to do so could result in a wage and hour claim against the employer.
Unpaid Wages for Trainings & Meetings – Employees are entitled to be paid for time spent in all company trainings and gatherings or meetings.
A Los Angeles wage and hour lawyer will have more information on all the wage and hour violations an employee should look out for. Call LFJ for more details. (818) 647-9323
Suing For Unpaid Wages In California
There are certain requirements to file wage and hour disputes in California. A wage and hour attorney will be able to move wage and hour disputes along, but there are a few things to note:
When a wage claim is filed by a wage and hour attorney, the Labor Commissioner’s Office investigates the claim. However, it is up to the plaintiff to reach out to an attorney to file wage and hour claims in a timely manner, which means:
within one year if they received a heck that bounced or were rejected from their request to access their payroll or personnel records.
within two years of a verbal promise for a minimum wage pay increase.
within three years for wage and hour violations like: minimum wage issues, unpaid overtime, and other unpaid wages.
within four years for a written contract.
An employee should assist their wage and hour claims by providing an attorney information on their employer and other responsible parties, a record of all their hours worked, and copies of their pay stubs.
Is Wage Theft A Crime? - FAQ
how to deal with employer who won’t pay? If an employer will not respond to an employee's workplace concerns, they can hire a wage and hour lawyer to file wage and hour claims on their behalf. An attorney will uphold the laws of the Fair Labor Standards Act (FLSA).
how to recover unpaid unpaid wages? The best option to recover unpaid wages is to call for a free consultation with a California law or Los Angeles wage and hour lawyer. Wage and hour lawyers will fight for employees to ensure they get the compensation they deserve.
what can I do if an employer owes me money? Keep a record of the instances in which any rest or meal breaks were not paid or business expenses were not reimbursed. Then call Lawyers for Justice so the law firm can help. (818) 647-9323
can i sue for not being paid on time? Yes. An employee who is owed wages can file a lawsuit against their employer to recover what they are owed, in addition to other damages.
can my employer not pay me for hours worked? An employer must pay their employees for all the time they put in working for their company. Failure to do so could result in legal action.
what to do if a job never paid you? If an employee was not paid for their work time at any business, they can demand to be compensated for the money they are owed by holding employers accountable.
is wage theft a crime? In short, yes. Most of California's wage theft cases are handled by an employer reimbursing employees for what they are owed, plus some additional legal fees. Criminal charges that include jail time for wage theft are rarely filed based on that infraction alone.
Employees are entitled to be paid fairly for the time they work. Are you missing some, or all, of your wages?Unpaid Wages
All California employees should be paid for all overtime hours worked. Has your boss neglected to pay you overtime?Unpaid Overtime
Missed Meal Breaks
Have you been forced to skip a meal break or work through it? You could be entitled to compensation.Missed Meal Breaks
Missed Rest Breaks
California employees are entitled to rest breaks; are you getting the appropriate amount?Missed Rest Breaks
Failure to Pay Timely Wages
Have you not be paid in a timely manner for the work you have completed?Failure to Pay Timely Wages
Incomplete or Inaccurate Pay Stubs
There are many pieces of information that must be included on each pay stub. If any informations is missing from yours, you could be entitled to compensation.Incomplete or Inaccurate Pay Stubs