Wage and Hour Compliance

It is very frustrating to work hard all week only to find that your paycheck is less than what it should be. Unfortunately, this happens all too often in California. For example, employers try to get away with not paying overtime, making employees work through lunch, and refusing to reimburse employees for uniforms and tools. However, California has strict regulations related to wages and hours that all employers must follow. If an employer fails to do so he or she would have violated the law and the affected employees have to right to demand payment of wages owed. If you are in need of an employment lawyer because your employer has violated any of your rights under the California Labor Code or the Fair Labor Standards Act, it is important that you contact an experienced Los Angeles Wage and Hour Compliance 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 many aspects of the employment relationship from minimum wage to overtime to meal breaks. Employers are required by law to comply with these regulations. Unfortunately, employers do not always follow the legal requirements related to wages and hours.

• Minimum wage. California has a minimum wage that employers are required to pay. 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. There are some exemptions to the minimum wage requirement. For example, minors and some individuals in training positions can be paid less than the minimum wage, within limits.
• 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. Employers must pay for clothing and equipment that they require employees to wear on use on the job. If an employee pays for uniforms or tools out their own pocket, the employer must reimburse the employee.
• 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. Common ways employers attempt to get away with failing to pay employees overtime include asking employees to “clock out” before finishing their shifts, asking employees to work through breaks and lunch, and misclassifying an employee as exempt.
• 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 or the Federal Fair Labor Standards Act. Some of the most common types of claims include:

• Employees not being permitted to take meal breaks after working for 5 hours, or not being permitted to take a second meal break after working for 10 hours
• Employees not being permitted to take a 10-minute paid rest break after working for 4 hours
• Nonexempt employees misclassified as exempt employees and therefore not receiving overtime pay
• Employers not reimbursing employees for mileage, tools, uniforms, uniform maintenance allowance, and other expenses
• Paycheck stub violations
• Employers requiring employees to clock and continue to work

If you believe that your employer has violated California’s hour and wage laws by failing to pay you for the work you completed, 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 in matters involving wage-and-hour claims, employment discrimination and other employment law violations. 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.