Wage & Hour Attorneys in Long Beach, California
You have a set schedule for going to work each day. You are a dedicated employee who puts in a lot of time and effort. Many times, you go above and beyond the call of duty to cover for another worker, complete a project, or make a deadline.
In spite of these facts, you don’t get compensated for doing so. This is disrespectful and unlawful at the same time.
Wage and Hour Abuse in Long Beach, California
Employers frequently take advantage of their workers’ rights to fair wages and working conditions. Wage and hour abuse affects a wide spectrum of workers across many industries, including loan officers, insurance underwriters, IT administrators, drivers, cable installers, nursing assistants, etc. Virtually all sectors, oftentimes the food and construction sectors, are affected.
Our Long Beach employment law attorneys provide legal representation in the following practice areas:
- Class Actions
- Discrimination
- Rest & Meal Breaks
- Retaliation
- Sexual Harassment
- Workplace Harassment
- Wrongful Termination
What Is the Current Minimum Wage in California?
The minimum wage in California is $14.00 an hour. This is increased to $15.00 per hour for employers with more than 26 employees. These pay more than the $7.25 federal minimum wage. You’re entitled to the greater state minimum wage, and that’s what you should get. Except for tipped employees, a small number of student workers, and a few other exempt occupations, the state of California mandates a minimum wage for the vast majority of workers.
Additionally, for handicapped workers and those employed by non-profit organizations, the California Division of Labor Standards Enforcement provides additional exclusions.
The minimum wage must be paid for all hours worked in California. If you work more than 40 hours a week, your employer is required to pay you overtime (unless in a few cases where exceptions apply).
Overdue Payment
Even with these laws in place, wage and hour regulations continue to be frequently flouted by businesses. A variety of strategies have been devised by employers in order to pay their workers less than what they are legally entitled to. These include, but are not limited to:
- Paying a set daily or weekly wage to an employee, regardless of the number of hours the person puts in during the week;
- All hours worked, including overtime, being be paid at the same hourly rate;
- Snubbing legitimate work time, such as those spent traveling between jobs or preparing for or following a shift.
An expert wage and hour attorney can help you fight back.
Violations Against Tipped Staff
Employees who are given a tip cannot be required to share their tips with others who are not, such as chefs, other kitchen workers, and janitors, yet this is a common practice in the hospitality industry. Additionally, under California law, companies that fail to issue adequate notifications to their tipped employees may be liable for large monetary damages.
Independent Contractor Violations
To avoid paying overtime and minimum wage to employees, businesses often identify them as “independent contractors”. Our team has helped many employees successfully refute the assertion by their employers that an employee is an independent contractor.
Misclassification of Workers
Employees who are given titles like “administrator” or “manager” by their employers in order to claim that they are exempt from overtime. If your employer refuses to pay you because they believe you work in an executive, professional, administrative, or IT-related capacity, you may be working under an incorrect classification. Ricardo Lopez Law may assist you in determining whether or not you have been incorrectly labeled as exempt.
Working Without a Schedule
Even if the employer does not officially have a work schedule, employees must be compensated for all hours worked. Performing work outside of scheduled hours can include anything from setting up a restaurant before a shift even begins, to completing tasks that a manager believes should have been completed during the shift, to undergoing training outside of scheduled hours or even checking or responding to email outside of scheduled hours.
What Can You Do?
When you discover that you have been cheated out of a fair wage, you may feel enraged and afraid. You may also feel the need to take legal action against your employer. That’s why we’re here, standing by your side through thick and thin.
California law (Labor Code, section 232) forbids employers from retaliating against employees who report wage and hour violations. We’d want to hear from you if you’ve lodged a complaint with your company and have experienced retaliation as a result.
Additionally, we assist companies with wage and hour concerns, such as ensuring that employees are not being paid in contravention of the law.
Contact Our Wage & Hour Lawyers in Long Beach, CA For A Free Consultation
To discuss your wage and hour issue, we are delighted to give a consultation to answer your concerns and analyze your claim confidentially. Contact our skilled employment law attorneys in Long Beach at Ricardo Lopez Law, P.C. by calling 213-634-7979 to schedule a free consultation today.