Wage and Hour Claims

While California has very strict laws that are designed that ensure that employees are paid for the time that they work, it is not usual for there to be disputes between employers and employees over pay. Common disputes are related to employees believing that they have been underpaid for hours worked, misclassified as exempt from overtime, forced to work “off the clock” and forced to work through lunch or mandatory rest periods. If employees are not paid for time worked, then the employer would have violated fair employment laws such as the Fair Labor Standards Act (FLSA). If you are in need of an employment lawyer because you believe that your employer has forced you to work under conditions that are in violation of the FLSA or other employments, it is important that you contact an experienced Los Angeles Wage and Hour Claims Lawyer who will review the facts of your case and who will help you receive compensation to which you are entitled.

California wage and hour law includes regulations that cover practically every aspect of the employer/employee relationship from minimum wage to overtime to meal breaks. Employers are required by law to comply with these regulations.

• Minimum Wage. California has a minimum wage that employers are required to pay. There are some exemptions. For example, minors and some individuals in training positions can be paid less than the minimum wage, within limits. The minimum wage in California is $10.50 per hour as of January 1, 2017. Even if you are willing to work for less than the minimum wage and accept a job that pays less than minimum wage, you have the right to get paid minimum wage.
• Meal and Break Periods. California wage and hour law requires that employees must be given a 30-minute, unpaid meal break for every 5 hours worked in a day, and a 10-minute paid rest break for every 4 hours worked in a day.
• Uniforms, tools and equipment. Employees must pay for clothing and equipment that they require employees to wear on use on the job.
• Overtime pay. Under California law, employers must pay an employee time and a half after that employee has worked 8 hours in a day and after 40 hours worked in a week. After 12 hours worked in a day, the employee must get paid double time. Overtime pay rules apply only to non-exempt employees. Frequently disputes over overtime pay are related to an employee being misclassified.
• Holidays, Vacation, and Sick Pay. Employers are not legally required to provide paid holidays, vacation, sick days, or paid time off. However, if the employer has established a plan there are legal requirements that the employer must follow. For example, once an employee accrues vacation pay, the employer cannot take it away.

Employee wage and hour claims can be based on a violation of any of the rules in the California Labor Code and the Federal Fair Labor Standards Act. Some of the most common types of claims include:

• Employee was misclassified as "exempt" from receiving overtime pay
• Employee was not given a meal break after working for 5 hours
• Employee was not given a second meal break when working a shift that lasted over 10 hours
• Employee was not given 10-minute paid breaks for every 4 hours of work
• Employer failed to provide paid time for tasks required to prepare for work
• Employer failed to provide proper pay stubs with all required information

If you believe that you have not been paid fairly for the hours you worked, you may be able to recover compensation for your wages unlawfully withheld. However, it is important that you are represented by an attorney with experience who will investigate your case and help you obtain the pay that you were unlawfully denied. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients who have claims against their employers for vacation pay, wage and hour violations, and other employment-related issues. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.