Wage-and-Hour Violations
Los Angeles wage and hour lawyer Cyrus Shahriari wants you to know that Wage-and-Hour violations can take numerous forms, including failure to:
- Classify an employee correctly
- Pay overtime
- Pay miminum wage
- Provide meal-and-rest breaks
- Pay for Time worked (“On-Call” or “Standby Pay”)
- Pay promptly
- Itemize wages correctly
If your employer is violating your rights under State of California and Federal wage-and-hour laws, you may be eligible for:
- Back pay and Benefits
- Interest
- Additional compensation in the form of penalties
- Court costs and attorney fees
Employee Classification is the Key
Employee misclassification is one of the most common violations that employers make. It also is the one that can cost YOU the most money.
If you are misclassified as an exempt employee, you may be missing out on a range of benefits, including overtime pay.
There are exempt and non-exempt employees. Which you are has nothing to do with:
- Your job title
- Whether you are paid a salary or by the hour
- Number of hours you work.
This is one of the most complicated areas of employment law. For a Free, no-obligation and confidential consultation, contact Los Angeles wage and hour lawyer Cyrus Shahriari at The Shahriari Law Firm.
Minimum wage
California minimum wage is $10.50/hour. But cities and counties within the state differ.
For instance, in 2016 the County of Los Angeles (and the City of Los Angeles), approved a gradual minimum wage increase each July over five years for employers with 26+ employees: $10.50/hour on July 1, 2016; $12.00 in 2017; $13.25 in 2018; $14.25 in 2019; and $15.00 in 2020.
Minimum wage is $10.50/hour for employers who have less than 26 employees in the County or City of Los Angeles
Minimum wage workers are usually entitled to overtime because they are typically non-exempt workers.
On-Call or Standby Pay
If you are required to work from home (answer telephone calls or emails), or if you are considered to be on-call, you may be eligible for compensation for that time.
To determine if you should be compensated, the court often looks at:
- Were your movements geographically restricted?
- Were you required to respond to work within a certain time period?
- How did being on-call limit how you used your time off?
When and How is as Important as How Much
The timeliness of payment of wages and the way payments are made is as important as how much is paid.
The California Labor Code is specific about the timing of wages and the regularity of paydays.
The day, time, and place of the regular payday must be posted in an area that all employees can access.
Non-exempt employees must be paid at least twice each calendar month on days previously designated by the employer. It can be weekly, bi-weekly, or semi-monthly, but you must be paid within seven days of the end of the pay period.
Exempt employees may receive their salaries once a month on or before the 26th day of the month. The paycheck must include the unearned portion between the 26th of the month and the end of the month.
Paychecks must be payable on demand at a financial institution in the State of California. The address of that place must be on the paycheck.
Direct Deposit may be offered, but your employer cannot force you to use direct deposit.
Wages on paychecks must be itemized
Every paycheck must include an itemized statement, in writing, with the following information:
- Gross wages earned
- Total hours worked (only non-exempt employees)
- Piece rate units and rate (if applicable)
- All deductions (taxes, disability insurance, and health and welfare payments)
- Net wages
- The inclusive dates of the pay period
- Your name and the last four numbers of your social security number (or another identifying number)
- Name and address of employer
- All applicable hourly rates in effect during the pay period and the number of hours worked at each hourly rate by the employee
If your employer does not provide this information on each paycheck, you may be able to recover damages and penalties up to $4,000, plus attorney fees and costs.
Final Paychecks are regulated
If you are terminated or laid-off (with no return date given), you must be given your paycheck, including payment for unused vacation days you are due, immediately.
It is illegal for your employer to withhold your final paycheck until you:
- Return tools, uniforms, computers, phones, keys or anything else that belongs to the employer
- Pay back money you owe the employer
- Turn in expense reimbursement forms
If your employer does not follow these laws, they could be responsible for waiting time penalties.
If you quit voluntarily and gave at least 72-hours notice, your employer must pay you everything you are owed on your last day of work.
If you quit voluntarily and gave less than 72-hours notice, your employer must pay you everything you are owed within 72-hours after you gave notice.
If your employer terminated you in order to avoid paying wages you are owed, you may have a wrongful termination lawsuit.
Beware of Deadlines
If you believe your employer has violated your wage-and-hour rights, contact Los Angeles wage and hour lawyer Cyrus Shahriari at The Shahriari Law Firm for a FREE, no-obligation, and confidential consultation.
The sooner you contact a wage and hour lawyer, the better it is for your case. The law has set deadlines (statutes of limitations) by which time you must have filed your case or you give up your rights to ever file a case.
Contacting Los Angeles wage and hour lawyer Cyrus Shahriari quickly also allows him to gather evidence and to take witness statements before paperwork or people disappear or forget.
Contact an Employment Lawyer
Los Angeles wage and hour lawyer Cyrus Shahriari at The Shahriari Law Firm take cases on a contingency basis. This means you pay nothing until your case is resolved. Contact us.