We will provide advice about your situation and your options for obtaining the compensation that you earned. Sometimes it is easy to see. Misclassifying regular hourly (non-exempt) employees as "exempt" employees. Long Beach, CA 90802. A wage and hour attorney can be invaluable at every step of the filing process. What Employment Issues Do California Wage and Hour Attorneys Deal With? Schedule a consultation to discuss your case and learn more about your legal options. FindLaw's Lawyer Directory is the largest online directory of attorneys. The FLSA establishes a minimum wage, overtime, and child labor laws affecting all employees. Attorneys may have duties and limitations in: Attorney-client confidentiality. What are wage and hour violations in Los Angeles? Employee Remedies for Violations of Wage and Hour Laws.
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If, for example, over the course of employment the employer failed to pay the employee on the established paydays all the time the employee worked due to Automatic Rounding, or failed to pay the employee for time spent putting on or taking off protective clothing, then the employer has also failed to promptly pay all wages due upon employment ending. Undocumented workers have generally the same rights as other workers when it comes to wage and hour laws. Wage and hour disputes are unfortunately surprisingly common in the workplace. Some common examples of wage and hour violations, include: Azadian Law Group, PC has some of the best Los Angeles Wage and Hour Attorneys.
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An employee required to remain on the employer's premises is generally considered to be working and must be paid for all hours – even if the employee is just simply on-call or waiting for something to happen. The Department of Labor and the California Division of Labor Standards track wage and hour violations, and the following industries were found to regularly not be in compliance with employment laws and regulations: - Agriculture. 527 Flume Street, Unit 3, Chico, CA 95928. Wage and hour violations occur when an employer fails to pay its employees the minimum wage, overtime pay, or other compensation required by law. For example, if you qualify as an "outside salesperson, " your employer is not required to pay overtime wages. Other serious infractions are listed below. In a single-plaintiff disability failure to accommodate/discrimination claim, our firm obtained a judgment of $1. State statutes on wages and hours apply to employees, as separate from independent contractors. There are many ways for employers to mistreat employees. Does this scenario sound familiar to you? The following are a few examples of typical disputes that our Los Angeles wage and hour dispute attorneys handle: - Employee misclassification. If you have been injured in a work-related accident, Do you offer a free consultation?
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Forbidding employees from taking meal and rest breaks. In recent years, various technological innovations have made it easier than ever for workers in a variety of roles and across a range of industries to work from home (or anywhere else they wish) instead of reporting to an office. Filing a Claim in Court. Why Do You Need a Wage and Hour Lawyer? Discrimination, - The Equal Pay Act, - Sexual Harassment, - Medical & Disability Leave, - Stock Disputes, - Wrongful Termination, - Whistleblowers, and. California's wage and hour laws are regulated by a complicated set of rules that apply differently to particular occupations and industries. You may also file a lawsuit as a "private attorney general. " Contact our office today for a free consultation and review of your case. This means that in eligible cases, employees don't have to pay any out of pocket expenses to start the lawsuit and the employees only have to pay our Los Angeles employment attorneys if we successfully recover money. How are the lawyer's fees structured - hourly or flat fee? Lawyers in California are held to strict ethical guidelines known as the Rules of Professional Conduct. Although there are some exceptions that may render employees exempt from these provisions, most employees in California have the legal right to earn overtime pay for their work. Examples of wage and hour violations can include: - Paying less than the minimum wage; - Unpaid wages or overtime; - Late payment at separation, regardless of whether separation is due to resignation, layoff, or firing; - Unpaid sales commissions and commissions not included in overtime rates; - Denials of meal and rest breaks or uncompensated breaks; - Failure to reimburse employees for work-related expenses; - Improper practices concerning vacation pay and time off; and. Negotiating your claim can enable you to recover fair compensation while avoiding the risks, delays and costs involved in administrative or court proceedings.
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At Lavi & Ebrahimian, LLP, we can conduct a comprehensive investigation into your employment to determine whether or not you have been a victim of wage theft and file the proper claims to recover any unpaid wages you may have. We want to put that money in your pocket as soon as possible. Regardless of their output, all employees who are paid by "piece rate" must still earn at least a minimum wage for each pay period. If a nonexempt employee works more than 10 hours in a day, they must receive a second 30-minute meal break. This means the employee hasn't been fully and/or properly paid for the work they've done. What are Some Common Wage and Hour Violations? We are here to guide and support you through the entire process. We have the experience and knowledge to hold your employer accountable and to help ensure that you are paid properly for your hard work. If an employer does not include this information or provides inaccurate information, they could be violating California labor laws.
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Protect that right by hiring an experienced attorney for your case. If you believe that your employer is violating these laws and is not compensating you fairly, you may have a legal recourse through a wage and hour dispute. If your employer mistreated you, it's time to take action. We have more than a decade of experience assisting employees in Los Angeles with all types of wage and hour disputes. Common wage violations include the following: - Employee misclassification, - Incorrect wage and hour calculations, - Minimum wage violations, - Failure to pay overtime, and. It is important to note that these issues are both time sensitive and complex.
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For instance, if you work more than 40 hours per week but are not paid overtime at the correct rate or do not receive overtime pay at all, then your employer may be violating wage and hour laws. Under California law, workers who have been wrongly denied overtime pay are entitled to recover the unpaid overtime wages due, plus attorneys' fees, costs and interest. Decide how you will file your claim. 66 Franklin Street, Suite 300. If the employer ends the employment, all wages earned and unpaid at the time of discharge are due and payable immediately. 5 times your regular rate of pay and is 2 times your regular rate of pay for hours worked over 12 hours per day. The employment lawyers at Kokozian Law Firm know wage and hour laws. You may end up filing a claim with the California Division of Labor Standards Enforcement (DLSE), filing a lawsuit in court or filing a wage claim with a federal agency, depending on the facts of your case. The law means that an employer must pay a tipped employee the full minimum wage for every hour worked above, and beyond any tips an employee makes. Your employer pays this extra hour at your regular rate every day you don't receive a proper meal break. How Can I File a Wage and Hour Claim? Fortunately, you are protected by the Fair Labor Standards Act (FLSA), which provides a remedy for employees who are owed unpaid wages from their employer. Illegal paycheck deductions.
A Los Angeles wage and hour lawyer knows that these laws are designed to protect your rights. Despite these laws to protect workers, wage disputes often arise, requiring a lawyer's assistance in Los Angeles. Employees also are entitled to a paid rest period of ten minutes every four hours of work, with some exceptions.
However, many employers often take advantage of their employees' lack of understanding of these basic guidelines. Our lawyers at Southern California Labor Law Group PC take great pride in helping workers hold their employers accountable for all of the wages they are entitled to. They are paid a salary that is paid at least twice the minimum wage for full-time employment.
A missed rest break also entitles the employee to one additional hour of pay at the employee's regular rate. 500-558, which covers the following and many other topics pertaining to employment: - Minimum wage. Does the lawyer seem interested in solving your problem? Pay Requirements for Employees Who Earn Commissions.
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