Know Your Rights As An Employee When Facing Wage And Hour Disputes
California wage and hour laws define who is an employee, how an employee should be classified (as exempt or nonexempt), and how an employer must pay an employee. Employers want to get more and pay less, and so frequently misclassify employees. Unfair wage and hour practices include:
- Overtime violations
- Failing to allow breaks or meals
- Miscalculating wages for sales staff
- Misclassifying technical employees as exempt
- Misclassifying an employee as a manager or misclassifying them as exempt when they should be hourly
- Failure to pay commissions earned
- Misclassifying an employee as a contractor
If you believe you have been a victim of illegal employment practices, employment attorney David P. Strauss can help. Contact our San Diego law office for a free initial consultation. We will review the conditions of your employment to determine if you have a wage and hour claim and are entitled to compensation.
Missed Breaks And Overtime Hours
Under California law and under federal law, hourly (nonexempt) employees are entitled to rest periods and to completely uninterrupted meal times. If you’ve been asked or expected to work or be on duty during your meal time, that is a violation of labor law. If you have been denied rest periods, that is also a violation.
Employees are to be paid time-and-a-half or double-time pay if they work more than eight hours a day. Failure to pay overtime is against the law. If you have been forced to work off the clock or have not been properly paid for your overtime, call us at 619-618-2407. We can also help with violations of the California Labor Code regarding split-shift work.
Employment Misclassification Problems
An exempt employee is not paid overtime for time worked over eight hours a day or 40 hours a week. Often people are told that they are a “professional” or a “manager” and are therefore exempt when, in fact, the work they do should more accurately be categorized as nonexempt.
It is your actual job function that defines whether your job is exempt or nonexempt, not your job title. It is not uncommon for someone to be called a “manager” when they do not actually have a management function. Even if you do perform some managerial work, if it is not 51% of your time, you should not be classified as exempt. You should be paid overtime.
There are legal consequences for employers who violate wage and hour laws, including penalties and back pay owed to employees. To learn if you have a valid wage and hour disputes case, talk with an experienced employment lawyer who can explain how the law applies in your case. Contact a National City unpaid overtime attorney at The Law Office of David P. Strauss.