Wage and Hour Attorneys
Our experienced employment law lawyers focus on employment-related disputes, and could assist you in your wage-and-hour lawsuits.
Filing a claim for wage and hour disputes could be very complex and have many different details that the employee must have to prove. Our experienced labor attorneys have been representing employment-related disputes for decades. If you or a loved one believe you have a wage-and-hour dispute with your employer, contact our attorneys today for a free no risk consultation. Our attorneys are available 24/7 via phone, email, or in person. We have offices located in cities such as Las Vegas, Los Angeles, Fresno, Irvine, etc.
If you believe your employer has violated your rights, then you may have a valid wage-and-hour case. Our experienced attorneys will help fight for your rights to obtain the justice and compensation you deserve. With our free no obligation consultation, you will be able to receive the different legal options you could take to recover the wages you are owed.
One of the major reasons for wage and hour disputes are when the employer misclassified the employee. This occurs when the employer misclassified an employee to deny them the rights they are owed.
- Exempt Versus non-exempt employees: Employers misclassify employees as being exempt in order to deny them overtime compensation and benefits. Employees who are exempt from the Federal Labor Standards Act are not entitled to any rights. An employee could only be exempt if they make $47,476 per year, the employees duties include managing the company, the employee has an executive or administrative job.
- Employee vs. independent contractor: Employers oftentimes also misclassify an employee as an independent contractor. This is because independent contractors do not have the same rights afforded to employees. An independent contractor is considered someone who has been hired to perform a specific service. They are considered to be separate from the company, and are not entitled to the same benefits as an employee does. In order to determine if you are an independent contractor or an employee, our employment law attorneys look at the degree of control you have over your work, the type of skills required for your work, your role within the company, the level of control between you and the company that hired you, and the amount of equipment that you have to buy for your work. This helps us determine who has the control of the work. If you have more control over your work than the employer, you are most likely considered an independent contractor.
Employees covered under the Federal Labor Standards Act are entitled to the federal minimum wage. Employees who are not receiving minimum wage have a claim for a wage and hour dispute against their employer.
Non-exempt employees are entitled to overtime compensation for one and a half times their regular rate of pay.
What are the Damages I Could Receive from a Wage-and-Hour Dispute?
There are several different types of compensation you could receive from being denied your right to your wages. This includes:
- Unpaid wages
- Unpaid final paycheck
- Unpaid business expenses
- Unpaid sick leave
- Reimbursement for the difference of minimum wage and the amount you were paid
- unused vacation hours that were not paid
- Unauthorized deduction from the employee’s paycheck
Please note that this list is not exhaustive. There are several other categories of wages that you could potentially be entitled to depending on your situation. Our experienced employment law attorneys will review your records to determine what type of other compensation you could receive. You could also receive the full amount you are owed, plus interest and penalties depending on the violations that your employer has committed.
Statute of Limitations for Wage and Hour Disputes
Whether you are located in California or Nevada, the statute of limitations time limit is 3 years. Meaning that the plaintiff has 3 years from the date of the violation to file the wage and hour dispute. If the plaintiff brings the wage and hour dispute claim against the defendant after the three years have passed, the plaintiff’s claim might get dismissed.
Examples of Wage and Hour Violations in California
Some examples of the most common types of wage violations include:
- Meal breaks: employers are required to give 30-minute unpaid meal breaks for every 5 hours worked. According to the California Labor Standards Act, an employer must be able to give an allotted amount of time to their employee for a meal and rest break. If your employer has denied you a meal and rest break, contact our attorneys today to file a claim for wage and hour dispute.
- Expense reimbursement: employers are required to reimburse employees for necessary expenses during the scope of their work. For example, this includes cell phones and laptops that the employee had to purchase while on the job.
- Commissioned employees: employers have to pay commissioned employees minimum wage or overtime pay. If the employer denies paying a commissioned employee, the employee may have a claim for a wage-and-hour dispute.
- Signing void releases: an employer should never force an employee to sign release documents.
- Withholding pay: if your employer withholds their employees pay after being terminated, you have a claim for a wage-and-hour dispute. Failing to pay wages upon termination could subject the employer to liability, especially penalties. Employers have to pay an employee a full day’s pay up to 30 days until all the unpaid wages are paid.
There are several different types of laws that address wage and hour regulations. This includes:
- Federal Fair Labor Standards Act: this is a federal law that establishes the standards for employers and how they should treat their employees. The Federal Labor Standards Act establishes minimum wage and overtime compensation for employees. This act also describes the difference between exempt and nonexempt employees, along with independent contractors.
- California Labor Code: these set of laws are designed to protect California workers and working conditions.
- Nevada Labor Code: these are a specific set of laws designed to protect Nevada employees and hold employers liable for any unsafe practices.
It is important that you hire a skilled employment law attorney that is well-versed in the above laws. An experienced employment law attorney must be able to understand which laws apply, and what legal claims they could potentially take in your case.
Would I still Be Entitled to a Wage-and-Hour Dispute If I am an Undocumented Immigrant?
Yes, Federal and California wage-and-hour laws apply to employees and workers regardless of legal immigration status. Undocumented workers have the same wage and hour rights as other workers.
Common Wage & Hour Violations
Whether it’s out of greed or just plain ignorance, many employers in America violate these wage & hour laws every day. Below are some of the most common violations that occur across various industries in this country:
- Misclassifying an employee as exempt when they are not. This type of misclassification denies an employee the rights they are owed as non-exempt employees such as overtime, minimum wage, and rest or meal break requirements.
- Failing to pay the time-and-a-half rate for overtime when earned. All non-exempt employees are entitled to the overtime pay rate for every hour they work over 8 in a single day or over 40 in a single workweek. When employees are paid their standard pay or not at all for overtime hours worked, this is a serious violation of the wage & hour laws which an employee can file suit over.
- Misclassifying an independent contractor as an employee or vice versa. An employee must “plainly and unmistakably” fit into the exempt category. In cases where there is any doubt as to whether an employee is exempt or not, the law generally requires a nonexempt classification of the employee.
- Not providing employees with the bonuses they were promised or the commission they earned. Commission is defined as the wage that an employee is entitled to due to the sales they’ve secured. In some states such as California, only commissioned employees who meet the three requirements for exemption are exempt from the state’s overtime pay laws.
- Failing to provide employees with compensation for work-related expenses.
- Failing to provide employees with the meal or rest breaks they are required to be given by law, requiring employees to work through those breaks, or not paying them for working through those breaks. According to the department of labor, federal law does not require employers to provide employees with coffee or lunch breaks throughout the day. However, state laws in most of the country do require that these breaks be allowed.
- Not paying employees the applicable prevailing wage or minimum wage applicable by law. For all employees who do not fall under the subminimum wage categories, which includes student-learners and students working full-time in higher education, agriculture, retail, or in the service industry, employers are required to provide pay that is adequate with state and federal minimum wage laws. Even if an employee falls under one of these subminimum wage categories, an employer must get a certificate from the Wage and Hour Division before they can hire someone at subminimum wage.
- Failing to pay an employee for all time they spent on the job. For nonexempt employees, if it takes a lab worker 10 minutes to prepare equipment for their shift before it starts, this is time that an employee must be compensated for by law. Training time, travel time, waiting and on-call time all qualify for compensation as well.
Schedule a Free Consultation with Our Wage-and-hour Attorneys
If you believe that your employer has withheld your wages, contact our skilled wage and hour attorneys in California and Nevada for a free consultation. Our attorneys have decades of experience fighting for the rights of discriminated employees. We are prepared to defend your wage and hour claim against any negligent employers that have withheld payment. If you have not received your wages you are entitled to, contact our legal team for a no-obligation consultation. During this consultation, we will discuss the different circumstances surrounding your wage and hour complaint.