Wage and Hour Violations
Do you feel that your employer is not holding up their end of the bargain when it comes to wage and work hour obligations? There are many situations where employers mistreat or underpay employees, and it is critical to be aware of the signs this may be the case, as well as your legal rights.
Some of the most common examples include:
- Paying less than minimum wage
- Unpaid wages or failure to pay proper overtime
- Late payment at separation (resignation, layoff or firing)
- Denial of mandatory meal or rest breaks
- Unpaid missed breaks
- Unpaid leave of absence
- Failure to reimburse employees for work-related expenses
Your Wage and Hour Attorney
Workers must be fairly compensated for their time spent at their workplace. Fair compensation acknowledges the value and effort they contribute, and plays a significant role in job satisfaction and employee well-being. Lott Law provides expert and proven representation in the following common violations under wage and hour disputes:
Q: Is Your Pay Within The California Minimum Wage Requirements?
Minimum Wages – California Labor Code 1197
It is illegal for California employers to pay their workers less than the local minimum wage.
As of 2023 the California minimum wage, regardless of company size, is:
$15.50
an hour
This can vary based upon city and county requirements.
If you are unpaid or underpaid, you may be entitled to the recovery of wages.
Learn more about the California labor code or contact us today to understand your rights and find a resolution to your wage and hour violations.
Q: Are You Receiving Your Meal Breaks And Rest Periods?
Mandatory Breaks – California Labor Code 512
Most California employees have a legal right to meal breaks and rest periods depending upon the length of the employee’s shift. In many cases, an employer shall not:
- Employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes
- Employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes
If your employer fails to provide these mandatory breaks, you may be entitled to compensation for missed breaks. According to the California Chamber of Commerce:
For each workday that you fail to provide an employee a meal break as required, you owe the employee one additional hour of pay at the employee’s regular rate of pay. The additional hour of pay is a wage owed to the employee. Employees have up to three years to file a claim for unpaid wages.
If you believe this happened to you, we can help get you what you are owed.
Learn more about the California labor code or contact us today to understand your rights and find a resolution to your wage and hour violations.
Q: Should You Be Getting Paid Overtime?
Overtime Pay – California Labor Code 510
In California, eligible employees (nonexempt) are entitled to receive one and a half times their regular rate of pay in the following scenarios:
- Work in excess of eight hours in one workday
- Work in excess of forty hours in any one workweek
- Work beyond six consecutive days in a workweek
Employers must pay twice the regular rate of pay for an employee (nonexempt) in the following scenarios:
- Work in excess of twelve hours in one workday
- Work in excess of eight hours on the seventh day of a workweek
If you believe that you are entitled to overtime pay
Learn more about the California labor code or contact us today to understand your rights and find a resolution to your wage and hour violations.
Q: Are You Entitled To Unpaid Leave?
Personal Leave of Absence – Department of Industrial Relations
A leave of absence (LOA) is unpaid leave that allows employees to take time of off work for an extended period. Employers may grant a LOA without pay to any employee for a period not exceeding 30 calendar days or an employee who has permanent status.
Before granting a LOA, it is important to explore other avenues of leave such as the Family Medical Leave Act (FMLA) which entitles eligible employees up to 12 workweeks of unpaid, job protected leave each calendar year.
If you would like to learn more about what a Leave of Absence can mean for you
Learn more about the California labor code or contact us today to understand your rights and find a resolution to your wage and hour violations.
Contact A Wage and Hour Lawyer Today
Non-payment, underpayment and not receiving mandatory breaks are wage and hour violations in the state of California. If you have been mistreated by an employer, we can help get you’re the compensation you deserve.
