Wage And Hour Violations

Our employment lawyers have served as counsel or co-counsel in dozens of class action lawsuits in both state and federal courts. We have recovered settlements worth millions of dollars on behalf of victimized employees in cases of unpaid wages such as overtime compensation, the premium for meal or rest periods that were not lawfully provided, reporting time pay and for unreimbursed work-related expenses.

We Go Up Against Major Corporations

Defendant employers that we have brought legal action against have included armed security guard companies, trucking and logistics companies, soda and snack manufacturers, pest control providers, insurance companies, lenders, big-box retailers, and many other large to medium-sized corporations.

Misclassification Of An Employee

Employers often misclassify employees as exempt "managers" when, in fact, they were doing the same tasks that an hourly worker would do. By classifying employees as managers or other supervisory positions, the employer found a sneaky way to get around paying employees for overtime or for not providing duty-free meal or rest breaks.

Failure To Properly Pay Wages

Examples of failure to properly pay wages include the following:

  • An employer asks an employee to work off the clock, for longer hours than the employee is supposed to work, and did not pay the employee for that time. (The employee may also be eligible for overtime in addition to unpaid wages.)
  • An employer did not pay an employee an additional hour of pay at the employee's regular rate of pay for each workday that a lunch break or rest break was not provided, as required by law.
  • An employer paid an employee less than the legal minimum wage.
  • An employer did not pay an employee all wages that were due to the employee in a timely manner when the employee was discharged or quit.

Unlawful Deduction From Wages

Employers do not have the right to deduct reimbursement from employees' paychecks after they allegedly broke equipment or their cash registers came up short. They can discipline or fire the employee, but they cannot make unlawful deductions from wages that have properly been earned.

Failure To Pay Overtime And Other Wages In California

Employers that have employees work longer than eight hours per work day or longer than 40 hours per work week are generally required to pay overtime. In California, an employee who is not exempt is entitled to overtime compensation at one and one-half times their regular rate of pay for all hours worked in excess of eight hours in any workday, or 40 hours in any workweek.

An employer is required to pay an employee who quits all wages due within 72 hours - and if the employee is fired or discharged, his or her earned and unpaid wages are due and payable immediately.

Employers are expected to pay all wages owed immediately after firing or discharging an employee, or within 72 hours when a worker quits. This includes not only wages for hours worked, but can also include compensation for accumulated paid time off. Employers may have an ongoing pattern of disregarding the law concerning payment of wages upon termination of employment.

Failure To Provide Meal Or Rest Breaks

Meal times required by law: Generally, no employer shall employ a nonexempt employee for a work period of more than five hours without an uninterrupted duty-free meal period of not less than 30 minutes beginning before the employee's sixth hour of work. In other words, first meal periods must start after no more than five hours.

Rest times required by law: Generally, every employer shall authorize and permit all nonexempt employees to take rest periods which insofar as practicable shall be in the middle of each work period. The rest period time shall be based on the total hours worked daily at the rate of 10 minutes net rest time for every four hours, or major fraction thereof.

Other Wage And Hour Violations

It is important to be aware of the different ways your rights may be violated at work. We handle claims involving:

  • Unlawful deduction from wages
  • Failure to reimburse for work-related expenses
  • Failure to pay required reporting time wages
  • Failure to pay split shift premium
  • Failure to pay wages for "standby" or "on-call" status

Contact Us To Protect Your Rights

We will explain your rights under the law and what legal action you can take against your employer. Call us at 877-258-2934 or fill out our online contact form to schedule a free consultation.