The California wage and hour laws require that every employee be paid the wages and hours worked. The law also defines some of the most important provisions for how many hours an employee can work in a day and suggests varying minimums for weekend pay and overtime pay. When your employer fails to pay you the wages earned as per the law, they violate the wage and hour law and should be held responsible.
If you feel you have not received what you have worked for, consider contacting Limonjyan Law Group for help.
What Are the Possible Wage and Hour Violations?
All employers in California are expected to pay every non-exempt worker overtime wages using the following rates:
- 150% of the employee’s regular pay rate for all overtime hours worked over 40 hours per week.
- 150% of the worker’s regular pay rate for all hours worked in excess of eight hours per day, including 12 hours on workdays.
- Two times the employee’s regular pay rate for all hours worked 12 hours on weekdays and over eight hours on the 7th consecutive day of any workweek.
What Are the Common Overtime Violations?
Inappropriate rounding of employee’s time – Under California and federal law, employers can round employees’ time, but only under specific circumstances. The law also demands that they use a facially neutral formula that rounds up and down to work for and against the employer.
However, rounding shouldn’t result in long-term failure to compensate an employee. If you suspect your employer is rounding your time and you are not being paid for what you earned, consult with a wage and hour attorney to discover your options.
Off-the-clock work – This refers to the extra time your employer wants you to work that is not accounted for in your wages.
Time shaving – This happens when a manager or supervisor alters your time-keeping records to delete time.
Misclassification – This is a situation whereby an employer classifies non-exempt workers as independent contractors and pays them a flat hourly rate like independent contractors.
Meal and rest break violations – This occurs when an employer fails to provide proper meals and breaks as per the law requirements.
Other common wage and hour violations include:
- Failing to pay sales commissions
- Making avoidable errors in calculating employee wages
- Failing to pay employees for work-related expenses
- Failing to include bonuses and commissions when calculating employee overtime pay
- Providing inaccurate wage reports and statements
Wage and Hour Class Actions
While wage and hour violations occur at a personal level, there is a good chance it also happens to your coworkers. In this case, California law allows you to file a class action claim on behalf of other employees.If you need help pursuing your rightful compensation for work you have done for a company, we can help you at Limonjyan Law Group. Get in touch with us online or call us at 213-277-7444 to schedule a free consultation with our team of wage and hour attorneys.
It is simple. You should be paid for the time you work in accordance with the law. Unfortunately, some employers attempt to take advantage of their employees by underpaying them, often in the form of overtime or minimum wage violations.
Is Your Employer Underpaying You?
At Limonjyan Law Group, our attorney fights to protect the rights of workers. We help employees recover the compensation they deserve by helping them with wage and hour claims.
To learn more, call our wage and hour attorney at (213) 277-7444 for a free consultation.
Minimum Wage & Overtime Laws in California
As of 2018, the minimum wage in California is set at $11 per hour, with increases set to take place through 2022. Some cities, such as San Francisco, have set higher minimum wages than the rest of the state. There are exceptions for businesses with certain numbers of employees and for restaurant servers.
Generally speaking, any employee who is classified as an hourly employee should receive overtime pay for any hours worked in excess of 40 hours a week. Once again, some exceptions are made for certain professions.
Our Wage & Hour Attorneys are Here to Help!
Our lawyers know how complex these types of cases can be. We conduct thorough investigations in order to determine whether your employer may be violating the law and, if so, how to help you effectively pursue the proper legal remedies.
If you have concerns that your employer is not paying you in accordance with the law, schedule a consultation with our wage and hour attorney by calling (213) 277-7444.