Have you noticed an issue with your paycheck? Not sure if you were paid all overtime you worked? Learn more about what to do if you’ve encountered one of the ten most common wage and hour violations.
Wage and hour law is complex and nuanced and some employers get it wrong and in turn, underpay their employees. Common wage and hour issues employees often encounter are not being paid overtime, being misclassified as an independent contractor, being misclassified as an exempt employee and only paid a salary, not being given their meal and rest breaks, etc. It is important to know the ten most common wage and hour violations so you can spot it when it happens to you. If you notice that you have experienced any of these issues, contact a wage and hour attorney in Los Angeles.
1. Treating an employee as an independent contractor
Some employers prefer to classify an employee as an independent contractor because then they are not responsible for taxes, overtime pay, workers compensation insurance, or health benefits. Because of the legal implications, it is important that the classification of an employee as an independent contractor be correct, otherwise, an employer may be violating labor laws. If you suspect that your employer has misclassified you as an independent contractor when you should be classified as an employee, then you should contact a wage and hour attorney.
2. Salary employees are not exempt from overtime pay
Many employees and employers believe that being paid a salary excludes them from overtime pay. If you do not fall within one of the exemptions to overtime law, even if you are paid in the form of a salary, you may still be entitled to overtime. To learn more and avoid an underpaid overtime claim, contact a wage and hour attorney in Los Angeles.
3. Improperly calculated overtime pay
Not only must employers be aware of what employees are legally entitled to overtime pay, but they also need to properly calculate how much overtime was earned. If you are unsure of how to calculate overtime pay, or if you think that you may have been shorted, reach out to a wage and hour attorney in Los Angeles.
4. Minimum wage violations
Many employers also fail to pay the legally mandated minimum wage. For example, an employer may choose to pay a piece-rate that does not pay for all hours worked. Some localities and cities have different minimum wage requirements that may entitle you to more than the state or federal minimum wage. If you suspect you were not paid the minimum wage for all hours you worked, it is important that you find a wage and hour attorney in Los Angeles.
5. Whistleblower protection act
People who complain about illegal activities or oppose activities that violate the law are referred to as whistleblowers. Oftentimes, whistleblowers are fired for speaking up or are blacklisted, demoted, denied benefits, receive a reduction of pay, or are threatened. All such conduct violates the law and if you have experienced any such conduct, reach out to a wage and hour attorney in Los Angeles.
6. Deductions for breaks and rest periods
Sometimes a worker may miss a break or have to work through one. If that is the case, you are entitled to a meal or rest break premium pay. If your employer does not permit you to take your breaks and/or does not pay you for the missed breaks, be sure to contact a wage and hour attorney in Los Angeles.
7. Reimbursement for Work-Related Expenses
As a part of their job, some employers require employees to provide or purchase certain items. If you have made business related expenditures and your employer has not reimbursed you for those purchases, you may be entitled to compensation. Consult with a wage and hour attorney in Los Angeles to find out more about your rights.
8. Not including shift differentials
Sometimes an employee may report in to work and be turned away because there is not enough work that day. On other occasions, an employee is called in to work a second shift or is placed on-call. It is important to know your rights in such situations and how much pay you are entitled to for such a situation. Be sure to talk to a wage and hour attorney in Los Angeles to determine your rights.
9. Failure to pay at termination
Employers are obligated to pay you all wages at the time of your termination, including any unused vacation time. If an employer fails to pay wages in a timely manner, you may be entitled to waiting time penalties. Please contact a wage and hour attorney in Los Angeles.
10. Deferred compensation
In many cases, agreeing to deferred compensation, popular amongst startups, could be a wage act violation. When agreeing to this, employees need to be aware that, if things go unplanned, there can be an expensive and uncomfortable legal battle ahead. A wage and hour attorney in Los Angeles can help. Visit our website for more information.