3 Wage and Hour Tips

Are you or a loved one in the process of filing an employment claim? Check out these 3 wage and hour tips, then give our California lawyers a call today.

1. Employer Isn’t Paying Minimum Wage

3 Wage and Hour TipsAn issue that has been coming up a little bit more often now is the fact that employees are coming to us and realizing that, under California law, the minimum wage is going up, and that it will continue to go up every year for the next couple of years until it reaches a maximum number, depending on the number of employees the employer has. Under California law, that minimum wage is higher than the one defined by Federal law, so a lot of employees will look at their compensation and realize that they’re not being paid an hourly rate that’s higher than the minimum wage. If that’s you, I think it’s important for you to realize that you have rights and talk to an attorney that can address those minimum wage issues with you.

There are also times in which it’s unclear how much you’re actually being paid and whether or not through unlawful deductions you’re being paid less than minimum wage, if, for example, you’re being paid on a piece rate, or you’re not being paid during time periods in which you’re being forced to take a rest break and not receiving minimum wage, despite the fact that you’re supposed to be paid during all rest breaks, which are different than lunch breaks.

If you’re working for an employer and you have questions regarding whether or not you’re being paid minimum wage, or whether or not you’re being paid for all hours worked, or you’re being properly paid for overtime, whatever the question you have regarding wages and hours, it’s important for you to talk to a law firm. If I can answer those questions for you, feel free to give me a call. I or one of the attorneys here will be happy to walk you through that.

2. Overtime Pay

I received a call last week from an employee who had questions regarding something that happened at work. We were having a discussion, and I asked them, “Where were you when this happened?” The employee said, “Well, I was still at work.” I said, “Well, what time did it happen?” They said, “About 6 pm.” I said, “What time did you get there?” They said, “7 am.” I asked the question, “So you were making overtime at the time?” They said, “No, no, no. I’m salaried.” So, we start this question as to how much they made, what type of duties they had, and the client was getting frustrated because I was asking so many questions about their type of work. They kept saying, “I’m not entitled to overtime because my employer told me I wasn’t entitled to overtime.”

As an employment lawyer, just because your employer tells you that you’re not entitled to something, doesn’t mean they’re complying with California law. You take an example like overtime. In California, employees have a lot of protections as to whether or not you’re entitled to overtime. In California, most employees are entitled to overtime after eight hours in a day. Whether or not your employer classifies you as salaried or not isn’t really relevant. If they pay you a flat rate for the entire day, that doesn’t address the issue as to whether or not they have to pay you for compensation over eight hours in a day.

Whether or not you’re entitled to overtime, whether or not your employer has properly classified you as exempt, whether or not you’re working for a flat rate, and whether or not they’re asking you to work off the clock, all of those issues are really fact-intensive questions. I would encourage you, if those are issues that you’re having, or if you’re having issues related to missed meal or rest breaks, or any issues that you have regarding the manner in which you’re being paid, we’re happy to talk with you about those issues. Give us a call if you have any questions regarding any type of wage and hour issues. We’re here to help you.

3. Employer Refusing to Pay Overtime

Last week, we filed a lawsuit on behalf of employees regarding whether or not the employer was paying proper overtime. Most employees in California are entitled to overtime. A lot of employees are entitled to overtime over eight hours in a day. There are exceptions to the overtime rules, and those exceptions will apply to a lot of employees.

As to whether or not your employer is required to pay overtime in California, it’s a pretty fact-intensive question. There are exceptions under the law, but just because an employer is telling you that they don’t pay overtime, that’s not an exception. It’s important for you to understand that if you work for a private company, like most people do, you are going to be entitled to overtime. I don’t really want to get into the exceptions too much as to whether or not you’re entitled to overtime because I do still think that even with the exceptions, the employer has to jump through some hoops or have to show that you truly fall within the exception.

If you have an employer that’s refusing to pay you overtime, and whether or not you have questions as to whether or not you’re properly classified in a manner as to whether or not you should be entitled to overtime, I encourage you to talk to a law firm. If that’s this firm, I’d be happy to answer any questions that you may have. Always feel free to reach out to us regarding any overtime questions that you may have, honestly any wage and hour questions – meal rest breaks, bonuses. Any questions that you have regarding wage and hour issues here in California, give us a call. I’m ore than happy to answer any questions you may have. Thanks.

Are you or a loved one in the process of filing an employment claim in California and have questions about these 3 wage and hour tips? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.

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