A qualified Los Angeles wage and hour attorney understands how the Labor Code and the Federal Fair Labor Standards Act work to govern wage and hour laws in California.
Despite these laws to protect workers, wage disputes often arise, requiring a lawyer's assistance in Los Angeles.
Common wage violations include the following:
- Employee misclassification,
- Incorrect wage and hour calculations,
- Minimum wage violations,
- Failure to pay overtime, and
- Missed meal and rest breaks.
If you suspect your employer committed wage and hour violations, it's essential to contact a Los Angeles wage dispute lawyer to review the facts of your case.
Wage and hour violations occur more often than you might think.
Many Los Angeles wage and hour attorneys find that most wage and hour disputes originate from employee misclassification.
Many employers incorrectly label workers as independent contractors when they are employees.
Employees in California receive benefits such as overtime pay, meal and rest breaks, unemployment benefits, minimum wage, and workers' compensation.
Additionally, employees in California receive state and federal protections against discrimination in the workplace.
Los Angeles wage dispute attorneys assist clients in recovering damages for misclassification, including unpaid wages, overtime, and meal and rest breaks, in addition to penalties and interest.
Incorrect Wage and Hour Calculations
You may review your paycheck in some situations and find that the numbers don't add up.
Some employers may intentionally or accidentally miscalculate the correct number of hours worked, overtime pay, and payroll deductions.
Underpayment due to inaccuracies in wage and hour calculations often occur, and many miss any error.
If you suspect your employer has miscalculated your paycheck, a Los Angeles wage dispute attorney can assist in getting you the compensation you deserve.
Minimum Wage Violations
Employees in California must be paid at least the applicable minimum wage in their area. Depending on where you live, the applicable minimum wage may be set at the federal, state, or local level.
If you suspect your employer failed to compensate you properly according to the applicable minimum wage rate, a wage dispute lawyer in Los Angeles helps determine your damages.
You may calculate the damages entitled by subtracting the applicable minimum wage from the rate received from your employer.
Failure to Pay Overtime
California law requires that non-exempt employees receive overtime pay for working more than eight hours in a day or more than 40 hours in a week.
In certain circumstances, non-exempt employees may receive double-time pay for hours worked.
If your employer fails to pay you for properly worked overtime hours, a wage dispute lawyer in Los Angeles may help you recover damages.
Missed Meal and Rest Breaks
Employers may be held responsible for prohibiting employees from taking the meal and rest breaks they are entitled to.
Employees working more than five hours must receive an uninterrupted 30-minute meal break.
The first meal period must be provided no later than the end of the employee's fifth hour of work.
If an employee works more than ten hours in a workday, the employee must receive a second 30-minute meal break no later than the end of the employee's tenth hour of work.
An employee may waive the second 30-minute meal break on the following circumstances:
- Mutual agreement between employer and employee;
- The employee received the first 30-minute meal break; and
- The employee does not work more than 12 hours.
Missed meal breaks afford the employee one additional hour of pay at the employee's regular rate.
Employees working more than 3.5 hours per day must receive at least one 10-minute rest break. Mandatory 10-minute rest breaks must be offered for every four hours worked.
The rest break must occur in the middle of every four-hour work period.
A missed rest break also entitles the employee to one additional hour of pay at the employee's regular rate.
Statute of Limitations
You must file wage and hour disputes within three years of the violation. Failure to file a wage and hour dispute within these three years may bar you from asserting your rights.
Wage and hour law represent a complex area of employment law in California.
A qualified Los Angeles wage and hour attorney understands the requirements of filing a successful wage and hour claim against your employer and the best path forward.
Once you realize a wage and hour dispute occurred, contact a Los Angeles wage dispute attorney and discuss the facts of your case.
If you suspect your employer committed wage and hour violations and failed to pay you for work completed, the attorneys at Starpoint Law are here to help.
Contact our office today for a free consultation and review of your case.