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,
· Meal and rest breaks,
· Prompt payment of wages,
· Detailed wage statements,
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.