Wage and hour violations are all too common in the business world and California is no exception. With millions of workers on the payroll across the state, some are bound to become the victim of wage and hour violations committed by the employer. It can be difficult to determine whether or not you’ve been a victim of wage and hour violations, which is why you need to know what to look for when it comes to your paycheck and the contract you signed with your employer. Our Los Angeles wage and hour disputes attorney would like to discuss some of the examples of this issue so you know what to be on the lookout for with work.
Am I Eligible for Overtime?
Many employees, especially those who are salaried, often wonder if they are eligible for overtime pay. This is a common question that many salaried employees ask. The determination of overtime is based on the type of work you perform, not the type of contract you sign (hourly versus salary).
If you are not eligible for overtime, your employment status will be labeled as exempt, which means you will not be paid overtime for working more than 40 hours in a week. Many employers will label an employee as a manager simply to avoid paying them overtime hours, even if they aren’t technically performing the duties of a manager. This means you would be performing the duties of a nonexempt employee, which is someone who receives overtime pay. This is a clear violation of wage and hour laws.
Common Wage and Hour Disputes
Some of the most common wage and hour disputes that California employees face include the following:
- Forcing an employee to edit a timesheet in order to avoid paying out overtime
- Forcing an employee to work off the clock to avoid paying wages
- Failing to pay employees overtime wages who have worked overtime
- Paying an employee using a check with an out-of-state address on it
- Classifying employees the wrong way to avoid paying certain wages
- Classifying employees incorrectly as being paid commission
- Not allowing employees to go on vacation
- Not allowing employees to take the required breaks for meals and rest
- Making the improper deductions on paychecks
- Failing to pay unauthorized overtime
- Classifying employees as contractors
- Not keeping the required records
Speak with Payroll or HR
One of the first things you can do if you suspect violations of wage and hour laws in California you should speak with payroll or Human Resources. Find out if it was an honest mistake, to begin with, especially if this is just the very first issue that has cropped up on a paycheck. If this is the second or third issue with your paycheck, it might be time to file a complaint with someone in Human Resources. If this goes nowhere, it might be time to speak to a Los Angeles wage and hour disputes attorney about your issue.
Now that you know what to look for regarding your paycheck, be sure to contact the office of JML Law, A Professional Law Corporation, today to schedule a consultation.