The State of California has specific wage and hour laws that define who is an employee, how they are classified (exempt or nonexempt), and how much the employer must pay them. For maximum profits, employers want to pay their employees less and get more work out of them, so classifying them improperly is not uncommon.
There are heavy legal consequences for employers who violate wage and hour laws, including paying back wages to employees and other penalties.
Some common unfair wage violations and practices that employment lawyers see are:
- Failing to allow breaks and meals
- Failing to pay commissions that are earned
- Miscalculating wages for sales staff
- Misclassifying an employee as a contractor
- Misclassifying an employee as a manager when they should be hourly
- Misclassifying technical employees as exempt
- Overtime violations
Overtime Hours and Missed Breaks
Both federal law and California law require that hourly employees get rest periods and meal time breaks. Being asked to work or be on duty during a meal time is a violation of labor law, as are denied rest periods. For employees who work more than eight hours a day, time and a half or double time pay is required. Failing to pay that money is illegal, as is being asked to work off the clock.
Employment Misclassification Issues
Exempt employees do not get paid overtime for working more than eight hours in a day or 40 in a week, but many times employees are told they are exempt when in fact they are not and should be classified as nonexempt. Your actual job function determines whether or not your job in exempt, not your title. Not all people given the title of manager do managerial work.
What Can Victims of Wage and Hour Disputes Do?
When you realize that you’re the victim, or possibly the victim, or an illegal employment practice, you need to contact Attorney Andy Van Le to get a consultation. He will ask you questions about the situation to determine whether or not you have a case, and he can provide a customized plan of action based on the specific situation.
Work With Attorney Andy Van Le
If you believe that you’re a victim of a wage and hour violation, you need to bring it to light and seek the services of an experienced attorney. Attorney Andy Van Le is an experienced employment law attorney who has successfully helped hundreds of clients with their wage and hour violation cases. Contact our office today to set up an appointment to discuss your situation.