3 Of The Most Common Wage And Hour Violations
In Los Angeles and California, in general, there are certain laws pertaining to the wages earned by employees. These laws determine what kind of wages employees can earn and how many hours they can perform overtime work. Other issues also come into play, such as sick leave, vacation time and others. The laws are in place to prevent problems for both the workers and employers so they can avoid lawsuits. Unfortunately, there are companies that still violate these laws. It’s important to know the three most common wage hour violations an employer can commit. If you are a victim of this problem, you can speak with the top employment attorney in Los Angeles. Overtime dispute lawyers can help you fight back, by evaluating your claim and developing a strong legal strategy against the defendant.
Calculating Overtime Incorrectly
Attorneys well-versed in wage and hour-based cases know that employers are required to pay their Non-Exempt Employees at least $7.25 per hour. However, on occasion, an employer may miscalculate that amount when the employee works overtime. In general, overtime wages can never be less than one-half of the regular wages the worker puts in after they have already worked 40 hours in a single week.
Per the law, regular pay is the employee’s hourly wage. However, there is a specific Formula For Calculating how much the individual should receive for overtime if they are paid hourly as opposed to annually. The amount is not simply based on the pay they take home, but also includes things like commission, bonuses, stipends, shift differentials and more. This also applies to part-time workers if they put in a certain number of hours over their regular weekly hours.
Inaccurate record-keeping is one of the most common reasons for miscalculating an employee’s wages. Many employers are guilty of inaccurately recording the hours their Non-Exempt Employees work. In some cases, they even have this idea of a system that their workers should stick to a set schedule. This is a particularly bad idea for companies in the service or hospitality industry as both full-time and part-time employees are required in those industries.
Inaccurate Pay at Termination
Finally, it’s common for employees to need a lawyer to sue an employer for Unpaid Wages after they have been terminated. This is because the third and final most common wage and hour violation involves inaccurate pay at termination. Even if someone is fired, they are due what they are actually owed in full. This includes any annual or vacation time they accrued. If any employee resigns, they are due this money by what would have been their next payday. This is a problem that can be rectified if the employer uses timekeeping software that shows a list of all employees and all the hours they have worked. This calls for a lawyer to sue an employer for unpaid wages.
Need a lawyer to sue an employer for unpaid wages? If you are in Los Angeles and have a dispute with your employer over your pay, you need an experienced attorney, with a record of winning employment cases for clients. At Mann & Elias, you will have the best legal team representing you. Contact the top attorneys for wage violations in Los Angeles to schedule a free consultation to discuss your case. We will fight for you and protect your rights.