Did your employer violate the wage and hour labor law? Labor law lawyers at Consumer Action Law Group file wage and hour claims for employees at no cost.
Los Angeles, CA – 04/22/2015 — The California wage law is relatively straight forward, but some details can be confusing. It’s easy to get caught up in the terms and confusing legalese. Below is a summary of common disputes for which employees may be able to submit wage and hour claims.
You Are Being Paid Less Than What Your Employer Promised
The Wage Theft Protection Act makes it illegal for an employer to pay an employee less than minimum wage or less than the amount agreed upon at the time of hire. The act requires that all employers provide each employee with a written notice that has specific details at the time of hire regarding how much they are paid. The notice must be in the language the employer normally uses to communicate employment-related information to the employee. This makes it easier for employees to understand. This can be
used as evidence regarding how much you are being paid, and hence can be the basis for filing a legitimate claim against your employer.
Your Employer Is Taking Money out of Your Paycheck Unlawfully
An employer is allowed to legally hold back pay only in certain situations:
Common examples of illegal deductions are tip sharing, when wait staff is forced to share tips in a pool with other staff that does not deal directly with customers. A restaurant must pay wait staff their fair compensation without any deductions. There are valid deductions, for instance, state law or federal law may permit an insurance deduction, health care, welfare, or pension payments. But if your deductions are not clearly explained, you need to discuss your paycheck with an employee rights attorney. Most other types of deductions not mentioned above are unlawful.
You Are Being Paid Less Than Minimum Wage. This Is Quite Common
Despite the fact that there are some exceptions, almost all employees in California must be paid the minimum wage as required by state law. Since July 1, 2014, the minimum wage in California is $9.00 per hour. Starting January 1, 2016, the minimum wage in California will be $10.00 per hour. However, there are some employees who can legally get paid less than minimum wage. These include outside salespeople, the parent, husband/wife, or son/daughter of the employer, and individuals working under an official apprentice system. If you are being paid less than minimum wage, and do not fall under one of these categories, you should contact a labor law attorney.
You Are Being Asked to Work Overtime and Not Being Paid Overtime Wages
The salary overtime laws specify the following: In California, if you are 18 years of age or older, or 16 or 17 years of age and not required by law to attend school and not prohibited by law from engaging in work, you cannot work more than 8 hours a day or more than 40 hours a week unless you’re getting paid time-and-a-half. Exempt employees are the only exception to the overtime laws. Employees that are classified as “exempt” receive a salary and do not clock in or out. But many employees are classified incorrectly as “exempt” so that the employer can avoid paying overtime. To find out if you qualify as non-exempt, it is best to call and discuss your situation with an employment lawyer.
You Are Not Given Adequate Breaks During Your Workday
In California, if an employee works at least five hours, they need to receive a break that’s at least 30 minutes long. The only exception is if the workday is 6 hours long, then the employee and the employer can agree, together, that the employee won’t take a break.
You Are Not Given Paid Sick Time
Starting in 2015, if an employee works 30 hours or more within a year since the start of employment, they are entitled to a minimum of one hour paid sick time. The state’s new sick leave law takes effect January 1, 2015. However, the right to accrue and take sick leave under this law does not take effect until July 1, 2015. If you are being denied this right, you should contact a labor law attorney. Because this is a new law, many employers are not aware that they are required to pay for sick leave.
If you believe your employer has violated the wage and hour laws, it is best to call and talk to an attorney about your rights. You don’t have to wait; as soon as you observe the violation you should talk to the labor law attorneys at Consumer Action Law Group. Their labor law lawyers will take the time to research your case and give you free legal advice today. Call (818) 254-8413 and talk to the labor law lawyers at Consumer Action Law Group today. They offer free legal advice.