Los Angeles Wage and Hour Law Attorney

Understanding Your Rights Under California's Minimum Wage and Overtime Laws

Employers know that not all workers are aware of their rights under California wage and hour law. These companies continue to neglect to pay overtime, minimum wage or reimburse for items bought by the employee for the job. Some employers may even make non-exempt employees work through lunches and breaks at work without paying time-and-a-half for overtime pay. By misclassifying employees as independent contractors or exempt managerial workers, many companies continue to violate California wage and hour law by paying unfair wages without the obligation to pay for overtime and benefits.

If you work or worked for an employer that did not pay the wages owed to you under California overtime laws, you may have the option of taking legal action for wage theft. However, filing a wage and overtime dispute can be confusing, requiring that you have all the evidence and paperwork needed to prove that your employer failed to pay you adequately.

A Los Angeles wage attorney at the employment law firm of Kesluk, Silverstein, Jacob & Morrison, P.C. can collect the compensation you have earned and hold an employer, no matter its size, responsible for its unlawful actions. Do not try to take on an employer by yourself, especially if you are a current employee. Learn how a wage attorney at our Los Angeles law firm can help during a free consultation today.

Identifying Wage Theft: What California Employees Should Know

As a worker, there are many ways that your employee rights can be violated by an employer. Wage theft is one of the most damaging because it affects your livelihood and devalues your time.

Some of the ways employers may withhold wages from employees include:

• Paying less than California minimum wage – Employers are required to pay at least minimum wage to employees. It is against Los Angeles employment law for employers to pay less than the state minimum wage per hour, even if the employee agrees to it.
• Falsely reporting number of hours worked – Some California employers will attempt to alter time cards and falsely report the number of hours worked by the employee, especially if the employee worked overtime. This practice is unlawful under California overtime laws.
• Failing to pay time and a half for overtime – Overtime pay applies to any time worked by a non-exempt employee over 8 hours per workday and over 40 hours per workweek. In accordance with California overtime laws, overtime pay is calculated as regular wage plus half.
• Misclassifying workers as independent contractors – Employers may attempt to classify workers as independent contractors because it is less expensive to the employer. Employers do not have to provide independent contractors with health care benefits or cover them under California workers compensation, disability, unemployment or Social Security insurance. Employers also do not pay overtime to or payroll taxes for independent contractors. Employers can also pay independent contractors by the job, meaning they may not pay minimum wage per hour or overtime pay and are not obligated to pay for any work-related expenses.
• Misclassifying workers as managerial employees – Employers are not required to pay overtime pay to non-exempt employees misclassified as managers, even if they do not manage other employees. Employee misclassification is common issue in wage and overtime laws. Find out if your employer has misclassified your employment status during a free claim consultation.
• Making employees pay for items essential to the job without reimbursement – Items which are essential to the job, such as work equipment, should be paid for by the employer. Your employer may also owe you payment for travel time as required by your job duties.
• Unlawful deductions from wages – Employee rights under California wage and hour law protects workers from unlawful deductions employers may use to minimize the compensation owed to you. You may see unlawful deductions show up on your check stub, such as maintenance, tools or for broken equipment, which you do not legally have to pay.

Do you have questions about deductions on your paycheck? Has your employer failed to reimburse you for essential work expenses? Contact a Los Angeles Wage Attorney Today for a free determination of your wage and hour concerns.