Are you not receiving the pay you lawfully deserve? There are many ways a California employers tries to under-pay or, in many instances, not pay workers the wages entitled to them. Many employees may not realize that you may be entitled to receive:

·      Minimum wage,

·      Overtime,wage hour dispute

·      Meal and rest breaks,

·      Prompt payment of wages,

·      Detailed wage statements,

·      Reimbursement.

Another common way employers purposely violate a worker’s rights is by misclassifying them as “independent contractors” or as employees who are “exempt” from wage and hour protections.

Overtime and Unpaid Wage Violations

Employers often ask employees to “work off the clock” in order to get all of their work done. If you are a nonexempt employee who works more than 8 hours per day or 40 hours per week, and your boss asks you to work additional hours, you may be entitled to overtime pay. In California, employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

  • One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  • Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

Our experienced wage and hour attorneys will explain this to you in further detail, but note that forcing employees to work through their lunch break, under-reporting employee work hours or otherwise falsifying their hours worked is illegal.

Meal and Rest Breaks

Nonexempt employees are entitled to meal and rest periods throughout the day. The more hours an employee works during a day, the more meal and rest periods the employer must provide.  Your employer is obligated under state law to communicate the legal requirements of California’s employee break laws and provide you with opportunities to take meal and rest breaks.

A nonexempt California employee who works a five hour shift should receive an unpaid, off-duty meal period of at least 30 minutes. Additionally, employers must provide a second meal break at least 30 minutes long for all workdays on which an employee works more than 10 hours. The second meal break must be provided no later than the end of an employee’s 10th hour of work. An employer must treat rest periods as hours worked.

Additionally, a nonexempt employee who works at least 3.5 hours in one day is entitled to a mandatory rest break. This rest period counts as time worked.

Reimbursement

Employers must reimburse their employees for all necessary work-related expenses, including mileage costs, smartphones, and work equipment, even if the employee does not ask to be reimbursed. If you have not been reimbursed for expenses incurred in the course of your work duties, contact our law firm to discuss your potential case with an experienced wage and hour attorney.

Minimum Wage

In California, the minimum wage is $9 per hour. Starting January 1, 2016, the minimum wage in California will be $10.00 per hour. This is higher than the federal minimum wage, which is $7.25 per hour. Your California employer must pay you the California minimum wage. Many employers try to get around paying employees the higher California minimum wage, or paying employees the state wage rather than a higher city wage, by paying employees a “salary” that averages out to less than the minimum wage per hour. This

Remedies for Wage and Hour Violations

If your California employer has violated state and/or federal labor laws and not paid you the wages or given you the rest or meal breaks you deserve, you may be able to bring a claim for a wage and hour violation. Our knowledgeable employment attorneys will help you fight for:

  • Unpaid Wages
  • Penalties for Missed Meal and Rest Break
  • Waiting Time Penalties
  • Liquidated Damages for Minimum Wage Claim

We offer client-friendly and compliance-focused wage and hour law practices. At Hardin & Lott we represent employees, ensuring that are treated fairly and paid any wages and benefits they are owed and entitled to state and federal laws. Get in touch with us and let us help you create a strong wage and hour claim.

The Right Employment Law Attorneys

If you have been mistreated by your employer, contact Hardin & Lott, an employment law firm with offices in Los Angeles and Orange County with experience in representing employees just like you.

If you or someone you know has been harmed by an illegal labor/employment practice, you want experience and success on your side. Contact the knowledgeable lawyers at Hardin & Lott today.

(949) 337-4810, (310) 606-2122, or (844) 615-1122

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