Los Angeles Wage and Hour Violations Attorneys
We Help You Receive The Wages You Earned
As an employee, you deserve to receive fair wages for your services. California minimum wage and hour laws ensure that workers in all Los Angeles counties and throughout the state receive fair pay for their work. When an employer refuses to compensate a worker for services provided, the law provides workers with legal remedies to recover the compensation they deserve.
If you have not been paid for hours worked, we can help. Contact the Los Angeles Wage and Hour Violation Attorneys of Yarian & Associates, APC, to request a free consultation with an attorney. Contact our law firm online or by calling (844) 826-5560. We will help you get the pay you deserve.
How Can Our Los Angeles Wage and Hour Violation Attorneys Help You?
Even though the State of California has some of the most protective wage and hour laws for employees, some employers continue to violate those laws. Even though the laws are clear, wage and hour disputes can be complicated. You need a lawyer who has years of experience handling these types of employment law cases—a lawyer who has a thorough understanding of the laws that apply in your case.
Our employment lawyers at Yarian & Associates have considerable knowledge of each of the state and federal laws that protect your wages. We have significant experience fighting wage and hour violations by employers in California.
We use the experience, skills, and expertise developed through years of handling wage and hour disputes to analyze your situation. Our lawyers explain your options for recovering unpaid wages, including the potential benefits and disadvantages of each option. Based on the facts and circumstances of your case, we develop a strategy that gives you the best chance of success.
The goal of every member of our legal team is to help you receive the wages you earned and any penalties allowed by law. We fight to hold your employer accountable for failing to pay earned wages and benefits as required by California law.
Common Examples of Wage and Hour Violations Our Law Firm Handles
Employers violate the state and federal wage and hour laws in many ways. Some violations are very subtle, so employees may not be aware that they are not receiving full compensation. Other violations are evident, but employees may fear employer retaliation if they speak up or file a complaint with the federal or state labor department.
Our Los Angeles Wage and Hour Violation Attorneys want you to know that you have rights. We also want you to know you are not alone. Our lawyers stand with you as we fight against wage and hour violations including:
- Requirements to work more hours than recorded (“work off the clock”)
- Minimum wage violations
- Being required to work from home or being on call without compensation
- Unpaid overtime pay and double-time pay
- Working off-site without compensation
- Miscalculating wages, including salaries, hourly wages, bonuses, commissions, and other earned income
- Misclassifying an employee as exempt from wage and hour laws
- Refusing to pay earned commissions or bonuses
- Misclassifying an employee as an independent contractor
- Refusing to reimburse employees for work-related expenses
- Failure to provide required rest periods and meal breaks
- Refusing to pay employees who are required to work through a meal or rest break
- Breach of employment contracts
- Illegal withholdings from earned income
If you believe your employer violated wage and hour laws in California, contact our Los Angeles Wage and Hour Violation Attorneys to discuss your case now. You may be entitled to compensation for the unpaid wages, as well as compensation for penalties and other damages.
You Have the Right to Receive Pay for All Hours Worked
One of the most common types of wage disputes is failing to compensate an employee for all hours worked. Many employers try to reduce payroll expenses by cheating their employees out of some of the income they earned.
Employers may hope that employees are not familiar with the provisions of laws such as the Fair Labor Standards Act (FLSA) and the California Labor Code to notice their employers are cheating them out of pay. Some employers rely on intimidation tactics to prevent workers from speaking up when they do not receive the wages they earned.
In either case, it can be helpful to know that your employer is required to pay you for all hours worked. If you are not an exempt employee, you deserve compensation for:
Regular Hours Worked
State laws set minimum wage requirements that employers must follow. Unless you are an exempt employee or your employer does not meet the requirements for minimum wage, you are entitled to receive a specific base wage.
Los Angeles County and the City of Los Angeles have also passed minimum wage laws. When a city or county passes minimum wage laws that exceed California minimum wage laws, employers in those counties and cities must abide by the local minimum wage laws.
- California’s minimum wage increases each year through January 1, 2022, for employers having more than 26 employees. The rate increase is delayed one year for employers having 25 or fewer employees, so the increase for those employers is scheduled through January 1, 2023. Employees can refer to a chart on the DIL website for the current California minimum wage rate.
- Los Angeles County passed a similar minimum wage law with increases each year. The minimum wage is slightly higher in Los Angeles County than it is in other areas. Employees can refer to the minimum wage list in the ordinance for the current Los Angeles minimum wage rate.
- The City of Los Angeles has adopted the same minimum wage schedule as the County of Los Angeles.
It is always a good idea for workers to check their local minimum wage rates to ensure they are being paid all wages they are entitled to receive.
California has set guidelines for overtime pay. Your employer may choose to increase overtime pay, but at a minimum, non-exempt employees must receive 1.5 times their regular pay rate for:
- Work or services exceeding 40 hours in a regular workweek;
- Work or services exceeding more than eight hours in a single workday; and,
- All hours worked on the seventh consecutive day of work.
Additionally, an employee who works more than 12 hours in a single workday must receive at least double the employee’s regular pay for the hours exceeding 12 hours.
Meal Breaks and Rest Breaks
Almost all California employees qualify for meal breaks and rest breaks. There are a few exceptions, but in most cases, employees must receive at least one 30-minute unpaid meal break after five hours of work. The employee can leave the premises, and employers cannot force employees to work during the meal break. For shifts lasting more than 10 hours, non-exempt employees receive a second 30-minute meal break that must begin before the end of the 10th hour.
Employees may voluntarily waive their meal breaks under certain circumstances. Still, employers cannot coerce employees to do so or allow employees to waive meal breaks in violation of labor laws.
Rest periods are 10-minute paid breaks for every four hours of work. An employee may receive a 10-minute break when the employee works a significant fraction of a four-hour shift. An employer cannot force an employee to clock out for rest breaks, and employees can choose to work through their rest breaks.
Rest and meal breaks can be a complicated area of the hour and wage laws. If you have questions about the required rest or meal breaks, contact our Los Angeles wage and hour violation attorneys for answers to your questions.
Commissions and Paid by the Piece Rate
In general, most employees who receive commission must receive at least the state’s minimum wage rate. Also, some employees who earn commissions may be entitled to overtime pay. However, there are some exceptions. This area of wage and rate law can be confusing. It is best to consult with an experienced employment attorney if you believe your employer is violating California hour and wage laws for commissions.
Work that requires that employees be paid by the piece can also be confusing. Generally, employees who are paid by piece rate must receive at least minimum wage pay for the hours they work. This requirement also covers the time that they are not working, such as waiting for work or cleaning equipment.
Employees Tips Belong to Employees
Employers may not share in a workers’ tips nor require workers to pool their tips. Tips may not be used to reduce minimum wage requirements. Employers must follow minimum wage requirements, even though an employee may earn tips from customers or clients.
Your employer must compensate you for the time you spend training for a job, regardless of whether your training occurs on-site or off-site. Voluntary continuing education courses or training may not be included in this requirement.
Your employer is not required to compensate you for your time to travel to and from work. However, if you must travel to off-site locations or run errands for your employer, that time should be compensated as if you were working on-site.
If you are required to wait on the job site for work to begin, your employer must compensate you for this time, even though you may not be performing any services at that time. In some cases, an employee may also be entitled to pay for on-call time off-site.
You are not required to spend your time preparing for a shift. If you must put on protective gear or perform other activities to prepare for your job, these activities should be performed while you are on the clock.
Withholding Final Pay
Some hour and wage violations relate to an employee’s final pay. California labor laws are particular about when an employer must give terminated employees or employees who quit their final paychecks. If an employer violates the law, the penalties may be severe. An employee may receive compensation from the employer, in addition to their final wages.
In most cases, employees who are fired are entitled to their final paycheck on the last day of work. Employees who quit without notice should receive their paycheck within 72 hours of their last day of work. Employees who give at least 72 hours of notice should receive their final paycheck on the last day of work.
Contact Our Los Angeles Wage and Hour Violation Attorneys for Help
You work hard, and you deserve fair compensation for your services. Fighting for what is fair can be overwhelming. If you have a wage and hour dispute that you cannot resolve with your employer, you need a law firm dedicated to fighting for the rights of employees in California. You need Yarian & Associates.
Our Los Angeles Wage and Hour Violation Attorneys handle all matters related to wage violations in California, including wrongful terminations and other employer retaliation for speaking up about an employer violating wage laws.
Contact us today by calling (844) 291-1911 to schedule your free consultation with our wage and hour violation lawyers in Los Angeles.