3 Of The Most Common Wage And Hour Violations
In Los Angeles, California, work culture is designed to prevent wage and hour disputes. Employers who evade their responsibilities try to withhold pay covertly. Employees can typically discover discrepancies in weekly or bi-weekly pay stubs. Other issues regarding pay include taking personal days, sick leave, and vacation time.
The first question you should ask yourself is: What is the company policy regarding pay?
Although employers would be charged for violating federal and state laws, they act unlawfully anyways. If you are a victim of a wage and hour violation, you should speak to our dedicated employment attorney in Los Angeles. You have rights as a “protected” employee.
California Labor Code § 510 and the Fair Labor Standards Act (FLSA) determine what wages employees can earn and how many hours they can work overtime. Unfortunately, the following three most common wage-hour violations still get committed by an employer.
Calculating Overtime Incorrectly
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.
There is a specific formula for calculating how much the individual should receive for overtime if paid hourly. The amount is not based on the pay they take home but also includes commissions, 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
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 terrible 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
The third is inaccurate pay after termination. When an employee gets fired, they are still entitled to a final paycheck – including any unused sick or vacation time they accrued. If any employee resigns, they are due this money by what would have been their next payday. Employers can rectify this problem by using timekeeping software and keeping track of paystubs.
Do you need a lawyer to sue your employer for unpaid wages? If you are in Los Angeles and have a dispute with your employer over your pay, you can consult with the top wage and hour attorneys in Los Angeles to discuss your case. Mann & Elias will fight for you and protect your rights.