Commonly Asked Questions About Wage and Hour Laws
Workers’ rights regarding proper wages and overtime are not always clearly explained by the employer. It’s important to research on your own so you can avoid being taken advantage of by your company.
As overtime dispute lawyers in Los Angeles, educating yourself as the first step toward justice when you feel an employer has mistreated you. Read through the frequently asked questions regarding compensation below to see if you need a lawyer to sue an employer for unpaid wages.
What Is the Minimum Wage In The State Of California?
California lawmakers recently voted to gradually increase the minimum wage over the next few years. In 2020, the minimum wage was $12 an hour for smaller companies (25 or fewer employees) and $13 an hour for larger companies (26 or more employees). In 2021, those wages increased to $13 for smaller companies and $14 for larger companies. The annual increases will continue until 2023 when all employers must pay a minimum wage of $15 an hour.
What Is Considered Overtime in California?
The average workweek is 40 hours. Working anything over that is considered overtime. Additionally, working over 12 hours in a day warrants overtime compensation. If employees work seven days in a row, they are also entitled to overtime pay for any hours worked on that seventh day.
Should I Be Paid for Overtime?
Whether or not an employee is eligible for overtime pay depends on their position. When employers sign their contract, employers should tell them if they are exempt or non-exempt. An exempt employee is not eligible for overtime, and a non-exempt employee is eligible for overtime when they work over 40 hours in one week and on some federal holidays.
If you have not been paid overtime and are a non-exempt employee, you have a case for an employment lawyer in Los Angeles.
How Much Overtime Should I Get?
If an employee works over 40 hours in a single week, their employer is required to pay them 1.5 times their usual rate (also known as time and a half).
Should I Be Compensated for Travel Time While On The Job?
You should not be compensated for time spent commuting to and from work, but your employer should compensate you for any time spent traveling for your job. Meeting with clients and purchasing goods is done on behalf of your company, so you should keep track of travel expenses (gas, train tickets, etc.), and your employer should reimburse you. They should also be paying you for the time spent traveling for your job.
Am I Entitled to A Lunch Break?
In California, working over five hours a day warrants an unpaid, 30-minute break. When an employee works ten hours a day, they should be given a second 30-minute unpaid break. However, if the total workday is less than 12 hours, the second meal break can be waived with written consent from both the employer and the employee.
If a company does not give the employee their required break, they must add on an additional hour of pay for that day.
Breaks are important because they give the worker a chance to eat and rest, thus lowering workplace accidents.
Are Tips Part Of My Hourly Wage?
Tips are not part of your hourly wage. It is illegal for your employer to deduct the tips you received from your paycheck. If your manager has been taking a cut of your tips or giving them to non-customer-facing employees, you should contact a wage and hour attorney in Los Angeles to gain back the tips you earned.
Is My Manager Entitled to Part Of My Tips?
Tips are given by the customer to the employee for a job well done. Any gratuities earned during a shift are the employee’s property, and managers are not entitled to a cut of them. Tip pools are common in restaurants where all tips are gathered at the end of the night and then divided among staff based on hours worked.
My Employer Has Not Paid Me A Fair Wage or Overtime. Now What?
If you have read through this FAQ and feel that you have not been treated fairly by your employer, you have a case to sue your employer for unpaid wages. Mann & Elias is composed of wage and hour attorneys that are well-versed in workers’ rights. They can meet with you and discuss your case in detail to have a full idea of what compensation you can receive. Contact their office to set up a consultation.