Wage & Hour Law
If you’ve been misclassified, not paid overtime wages, been underpaid, or experienced other
wage and hour violations, Lawyers for Justice, P.C. will fight for you. We don’t let employers get away
with any illegal actions. Contact us today for your free case consultation.
Wage & Hour Violations Lawyer in California
By law, you are entitled to the wages your employer promises to pay. Employers all too often cut corners and try to take advantage of employees. There are far too many ways in which companies try to save money or increase profits in this manner.
Being underpaid hurts an employee’s livelihood and sense of self-worth. Every client’s situation is unique. We take all facts into account. No matter how complex your dispute is, Lawyers for Justice, PC will serve as your voice, fight for every penny you are owed. Our attorneys hold all violators accountable under the Fair Labor Standards Act (FLSA) and California’s strict labor laws. If your employer’s illegal actions have caused you undue hardship, we are here to help.
Common Violations of Wage & Hour Law
Wage and hour violations take many forms. Some of the most common that we see include:
- Paying short of the minimum wage or the prevailing wage in the employee’s line of work
- Failing to pay for preparation time, training time, travel time, and other work-related activities
- Not paying for time worked during meal breaks and rest periods
- Misclassifying an employee as exempt or as an independent contractor
- Unreasonable “Goals” or Expectations
- Not reimbursing employees for work-related expenses including PPE
- Failing to pay promised commissions or bonuses
- Nonpayment of overtime or double time when employees earn it
- Forcing someone to work “off the clock” and not paying them for the time
- Illegal rounding of time entries, leading to underpayment of wages
- Failing to pay wages owed and accrued vacation wages upon termination
Class Action Lawsuits Involving Wage & Hour Disputes
Oftentimes, companies violate pay requirements for a large group of individuals. Class action lawsuits represent an entire class of individuals who’ve been subject to the same wage and hour violation. In some cases, employers have failed to pay overtime or misclassify all of their employees. We can file lawsuits that enforce workers’ collective legal rights if the same employer engaged in wrongdoing. A class action can be more powerful than an individual lawsuit and often leads to a harsher punishment against the violator.
Seeking Fair Compensations
At Lawyers for Justice, PC, we thoroughly investigate each case to prove the merit of your claim. We hold employers accountable for their actions. Our mission to ensure our clients receive any unpaid wages, with interest, plus penalty fees levied against the employer for the wait time. Violators can be forced to pay legal fees and court costs as well.
Exempt vs. Non-Exempt Employees
Certain types of employees are considered legally exempt from the overtime laws. Employers are not required to provide them with overtime pay, but when employees are misclassified as exempt but don’t meet the requirements to be, this is illegal. In California, non-exempt employees are due all compensable hours worked, including time waiting or being on-call, undergoing training, and preparation such as setting up equipment or putting on protective gear before their shift. They must also be paid for travel time while running errands or moving to a different work site at their employer’s request.
Also, nonexempt employees must receive:
- Overtime pay equal to 1.5 times their regular rate if they work more than 40 hours in a week or exceed 8 hours in a single day.
- Pay at the overtime rate for all hours worked on the 7th consecutive day of work.
- Twice the regular rate of pay for any work in excess of 12 hours in a workday.
Employees vs. Independent Contractors
Independent contractors are exempt from being paid overtime, but just because an employer calls an employee an independent contractor doesn’t mean they are legally considered so. The terms and conditions of employment determine a worker’s status (generally, the more control an employer has over the work, the more likely you’d be considered an employee). Many workers are misclassified in this manner. If you’ve been denied overtime pay because the company said you were an independent contractor, don’t take their word for it if you weren’t aware of this status. Contact us to evaluate your case right away.
Minimum Wage Laws
The FLSA contains federal minimum wage provisions, although it doesn’t provide wage payment or collection procedures. It is administered/enforced by the Department of Labor’s Wage and Hour Division. State minimum wage laws set similar rules, but unlike the FLSA, some include provisions for filing claims for wage and hour violations. In California, as of January 1, 2020, the minimum hourly rate is $12.00 for employers with 25 employees or less and $13 for businesses with 26 employees or more (the federal minimum wage is $7.25/hour). California’s minimum wage will increase annually through 2022 up to $15.00/hour on January 1, 2023.In addition, employees paid by the “piece rate” must earn at least a minimum wage for each pay period, for the time they perform work (which is separate from their piece rate wages). Employers also cannot count tips and gratuities towards minimum wage payments.
Contact Lawyers for Justice, PC Today
If you are being paid less than the minimum wage; your employer doesn’t pay for overtime, meal breaks, or training time; or has misclassified you as an independent contractor, let us know of these or other illegal actions immediately. Our team is knowledgeable in federal and state wage and hour law. We will aggressively pursue your case, hold your employer accountable, and fight for the compensation you deserve. Contact Lawyers for Justice, PC, at (818) JUSTICE, 818-587-8423 to receive your free consultation.
YOUR BEST California EMPLOYMENT LAW FIRM
If you haven’t been paid the wages you deserve, have been harassed at work, or have been wrongfully terminated, we provide the legal advice and representation you need. At Lawyers for Justice, PC, our team understands every detail of state and federal labor laws, including the Fair Labor Standards Act (FLSA), which covers minimum wages, overtime pay, and recordkeeping. We’ve recovered millions of dollars in damages. Our attorneys have taken on the most complex of cases including mass torts and class action lawsuits involving California’s largest employers.
Why lawyers for justice
Lawyers for Justice, PC is a first class law firm, currently empowered by over 25 experienced attorneys, fighting for workers, consumers, and victims of wage-and-hour violations, unfair business practices, catastrophic injury, and consumer fraud. We have obtained millions of dollars on behalf of thousands of individuals.
We have been the strongest voice for California workers for over a decade. We never back down. We fight to defend your rights – and we play to win – because we believe half justice is an injustice. Let us help you take back what’s rightfully yours.
Lawyers for justice attorneys
Founder of Lawyers for Justice, PC, Edwin Aiwazian established the law firm to provide workers with a voice and platform to speak up and assert their own rights. He graduated Pepperdine University
Joanna Ghosh is a Senior Attorney at Lawyers for Justice, PC, and represents workers in class and complex wage-and-hour matters. She is a member of the California Employment Lawyers Association.
So What Are You Waiting For?
If you were unfairly laid off, you may still be owed compensation from your employer. For example, you could be owed unpaid wages or you may be entitled to compensation if your layoff was based on prohibited discrimination.