- Failure to pay for all hours worked and off-the-clock work
- Failure to pay minimum wage;
- Failure to pay overtime premium (paying straight hourly rate instead of the overtime multiplier of 1.5 or 2 times the hourly wage);
- Failure to provide an adequate meal or rest breaks or failure to relieve the employee of duty during such breaks;
- Misclassifying employees as exempt from wage and hour requirements; and
- Misclassifying employees as independent contractors.
Another common violation is the failure to provide a wage statement that contains the required information so that the employee can assess if any of the above violations have occurred. Less common violations include failure to pay split-shift premiums if the employee had too long of a break between two parts of her shift or failure to compensate employees for reporting to work and being sent home (reporting time pay).
The legal questions raised by overtime pay suits increasingly involve issues of whether certain workers meet specific criteria allowing companies to be exempt from paying overtime wages or minimum wage. All too often, businesses under financial pressure will purposely classify their workers “exempt” to avoid paying overtime. The courts will review the employee’s job duties to determine their actual status under the law.
If you believe your employer does not comply with California’s exacting wage and hour statutes or the Industrial Wage Orders, it is time to consult with an experienced California wage and hour attorney. We will determine if there was a violation and advice you of the next steps. We may bring a complaint with the state agency investigating wage and hour violations or file a lawsuit in state or federal court.
Often, the violations extend to the entire workforce, or to a sizeable share of the employees. In such situations, we file Private Attorney General Act (“PAGA”) claims in state court or combine such claims with other wage claims in a class action. The PAGA process enables our firm to prosecute the case on behalf of the state and collect penalties, a portion which is then transmitted to the state. However, a portion of the penalties and all past-due wages, with interest, are then distributed to the aggrieved employees.
California law also prohibits retaliation against employees who make wage and hour claims. Any subsequent disciplinary action or termination is suspect, and the employer must affirmatively show that they had a legitimate business reason for disciplining or terminating the employee.
Our experienced California wage and hour attorneys are ready to discuss with you any concerns regarding the receipt of your wages, overtime compensation, or any other wage and hour issues.
Do not hesitate: call our offices now to get paid what you earned and deserve.