We live in a fast-paced world where lawmakers pass new laws so often that it’s getting difficult to keep track. It’s not surprising that so many California employees who have become victims of wage fraud are not even aware of their rights and the potential wage and hour issues in the state.
Today, our Los Angeles wage fraud attorney at JML Law is going to answer some of your questions to help you get a better understanding of your employee rights in 2019 as well as protect you from becoming a victim of wage fraud this year.
Are you eligible to get paid overtime wages?
This is an eternal question. The best answer to this question is this: It depends, but you can easily determine whether or not the Fair Labor Standards Act (FLSA) covers you by checking if you qualify as a “non-exempt” employee. To qualify for overtime pay, you must generally meet the three-part test (salary level test, salary basis test, and duties test).
More often than not, employees need to speak to an experienced wage fraud attorney Los Angeles or elsewhere in California to determine whether or not they are eligible to receive overtime pay. However, we can say right off the bat who does not qualify for overtime pay. Typical jobs that do not qualify for overtime wages are:
- Independent contractors
- Computer specialists who earn at least $27.63 an hour
- Amusement park employees
- Newspaper deliverers
- Small-farm employees
- Babysitters and other informal personal companions
- Outside Salespersons
Can you be refused the minimum wage if you get paid in tips?
If you are being refused the minimum wage if you get paid in tips, this would not be illegal in many states. But since you work in Los Angeles or elsewhere in California, your employer cannot legally pay you less than the minimum wage regardless of whether you get paid in tips or not. In California, employers have a legal obligation to pay their employees the minimum wage even if they receive tips.
Can you take a break from work after childbirth?
If you qualify under the Family and Medical Leave Act (FMLA), you do have a right to request up to 12 weeks of unpaid leave when giving birth. In California, you can request unpaid leave under the FMLA for the birth and care of the newborn child. Also, our Los Angeles wage fraud lawyer reminds us that you may be entitled to temporary disability benefits if you are about to give birth or have just given birth.
Do you get paid for time spent on training required by the employer?
If your employer requires to spend a certain amount of your time on training, you should and will get paid for that time. Not paying employees for time spent on required training may be considered wage fraud. For example, if your employer requires you to go through sexual harassment training, you should get paid for time spent on the training as well as get compensated for travel expenses if the training is offsite.
Do you get paid while taking short breaks?
Under federal law, those short breaks offered by your employer must be included in the sum of hours worked during the work week. These short breaks, usually lasting up to 20 minutes, should also be considered when calculating overtime pay. Failure to consider those breaks as compensable work hours may be classified as wage fraud.
If you believe that you have become a victim of wage fraud, schedule a free consultation with our wage fraud lawyer in Los Angeles or elsewhere in California. Contact JML Law to learn more about your wage and hour rights in 2019 and get a free case evaluation today. Call our offices at 818-610-8800.