Workers in California are protected by both federal and state laws, including minimum wage and hour laws. If you have been the victim of a wage and hour dispute in California, an employment law attorney may be able to help you. Keep reading to discover some of the most common violations of these laws. Contact The Law Offices of Larry H. Parker at 866-536-5788 if you are in need of a personal injury attorney.
Failing to Be Paid the Minimum Wage
There is a federal minimum wage that must be paid in every state of the country. While there are some very specific exceptions for certain jobs and relationships (such as young adults working on their family farm), in most cases employers must at least offer minimum wage. In the state of California, minimum wage is higher than the federal minimum wage and some communities have raised their minimum wage even higher.
Failing to Be Paid Overtime
In most cases, employers in California are required to pay their employee’s overtime if said employee works for more than eight hours in one day or more than 40 hours in one week. There are certain employees that are exempt, such as managers, but non-exempt employees are entitled to the overtime they have earned.
Being Required to Work When You Were Not on the Clock
Has your employer ever required that you start working before you are on the clock? A common example is a restaurant owner requiring their servers to roll silverware before they clock in. This is illegal, as are similar instances that occur when the shift is over. Once again, if a restaurant owner required a server to clock out and then do their side work (i.e. rolling silverware) this would be illegal.
There are a few different reasons that an employer may misclassify their employee. For example, they may classify an employee as a manager so that they are not required to pay overtime. They may misclassify an employee as an independent contractor so they are not required to provide benefits that are required for employees. Note that there are legal definitions of exempt manager positions and independent contractors.
What to Do if You Believe You Are Owed Back Wages
If you believe that you have been the victim of a wage and/or hour violation in the state of California then it is important to talk to an attorney who is experienced with labor issues. You have found that attorney in The Law Offices of Larry H. Parker. Reach out to us now at 866-536-5788 to request a free legal consultation.