If you live and work in the City of Angels, you know that the cost of living is high. And while wages have been slowly creeping up, they haven’t kept pace with the rising cost of housing, healthcare, and other essentials. Meanwhile, big businesses and wealthy individuals continue to rake in record profits. That’s why it’s no surprise that there’s been a wave of wage disputes in Los Angeles in recent years.
If you’re involved in a wage dispute or an hour violation, you need an experienced Los Angeles wage dispute lawyer on your side. The law is complex and confusing, and your employer will have their own team of lawyers working to minimize their liability. You need someone who knows the ins and outs of the law and who will fight aggressively for your rights.
At The Fraigun Law Group, we have extensive experience handling wage disputes in Los Angeles. We’ll work tirelessly to get you the compensation you deserve. Contact us today at 818-981-1800 for a free consultation with a top Los Angeles employment law attorney.
What Are the Common Types of Wage Disputes in Los Angeles?
There are many different types of wage disputes, but some of the most common include:
If you’re working more than 40 hours per week, you’re entitled to time-and-a-half for all overtime hours. Unfortunately, many employers try to avoid paying overtime by misclassifying employees as exempt from overtime laws.
Minimum Wage Violations
California’s minimum wage currently stands at $15 per hour for employers with 26 or more employees and $14 per hour for smaller employers. If you’re being paid less than these amounts, you may have a claim for back wages.
Meal and Rest Break Violations
Employees in California are entitled to a 30-minute meal break for every 5 hours worked, as well as 10-minute rest breaks for every 4 hours worked. If your employer is not providing you with these breaks, or if they’re requiring you to work during your break periods, you may be entitled to compensation.
Unreimbursed Business Expenses
If you’re required to spend your own money on business-related expenses, such as gas or office supplies, your employer is required to reimburse you.
If you’ve been the victim of any of these wage violations, or if you suspect that your employer is not complying with the law, contact The Fraigun Law Group today. We’ll review your case and advise you of your legal options. We can help you file a wage claim with the Labor Commissioner’s Office and start a lawsuit if needed.
Understanding Compensable Work Hours for California Employees
In California, employees must be compensated for all hours worked, including time spent outside their regular shift:
- On-Call Time – If you’re required to be on-call for your job, you must be paid for all the time you spend on-call, even if you’re not actually working.
- Training Time – If you need to undergo training for your job, you must be paid for all training time, even if it’s outside of your regular work hours.
- Travel Time – Commuting to and from work is typically not compensable. However, employers need to compensate employees when traveling to other locations. For example, if you have to travel for a business trip, your travel expenses should be reimbursed, and you should be paid for the time you spend traveling.
- Preparation Time – If your job calls for putting on protective gear or similar prep work, the time spent for preparation may be compensable.
Los Angeles Wage & Hour Class Actions
If you’ve been the victim of wage theft or other wage and hour violations in Los Angeles, you may be able to join a class action lawsuit against your employer. Class action lawsuits allow groups of workers who have suffered similar injuries to band together and seek justice. In a class action, one or more plaintiffs represent the entire group of workers who have been harmed.
Joining a class action can level the playing field against powerful employers. It can also give you and your fellow workers a sense of camaraderie and support as you pursue your claim. Class actions can result in large settlements or judgments for the workers involved, so it’s important to consult with an experienced Los Angeles wage dispute lawyer to see if joining a class action is right for you.
The Fraigun Law Group has experience with wage and hour class action lawsuits, and we may be able to help you. Rest assured that we will work closely with you throughout the process to ensure that your rights are protected.
Overtime Pay Requirements
Overtime compensation is a hot topic in California. Employees who work more than 40 hours in a week are supposed to receive “time-and-a-half” pay for the additional hours worked. Unfortunately, many employers violate overtime laws, either by requiring employees to work overtime without paying them or by misclassifying employees as exempt from overtime laws.
It’s worth noting that you are still entitled to overtime pay for any work done in excess of 8 hours in a day, even if you don’t work more than 40 hours in a week. Additionally, work done in excess of 12 hours in a day, or in excess of 8 hours on the seventh day of a workweek, must be paid at double time.
Pay Requirements for Commission-Based Employees
Commission-based employees in California are entitled to earn a minimum wage, just like hourly employees. However, commission-based pay structures can be complex, and there are some specific rules that apply to commission-based employees.
For example, employers must provide employees with a detailed written agreement specifying the terms of the commission arrangement, and they must also provide employees with an itemized statement of commissions earned on at least a semi-monthly basis.
Employees who earn commissions can also earn overtime pay unless they meet certain conditions, such as when more than half of their income comes from commissions and they regularly perform executive, administrative, or professional duties.
Pay Requirements for Piece Rate Employees
Piece-rate employees in California are entitled to earn at least the minimum wage for all hours worked, even if they’re being paid on a piece-rate basis. In addition, piece-rate employees must be paid for all nonproductive time, such as time spent on mandatory training or time spent correcting errors.
Illegal Rounding of Work Hours
Employers sometimes round their employees’ work hours up or down to the nearest 5-, 10-, or 15-minute increments. However, this practice is only legal if it’s used in a way that doesn’t result in the employees being underpaid. For example, an employer can’t round down an employee’s start time but round up the end time, resulting in the employee working fewer hours than they actually did.
Tips and Gratuities
In California, employers are allowed to require employees to share their tips with other employees, such as servers or bartenders. However, the employer cannot keep any of the tips for themselves.
Employers are also not allowed to require employees to share their tips with managers or supervisors. Additionally, tips and gratuities received by employees cannot be counted toward their minimum wage.
Contact the Most Reliable Los Angeles Wage Dispute Lawyer Today!
If you are an employee in the Los Angeles area who feels that you are not being paid correctly or have worked hours for which you have not been compensated, please do not hesitate to call The Fraigun Law Group at 818-981-1800.
We offer free consultations and would be more than happy to discuss your case with you. You may be entitled to compensation for the wages you have lost and we will work tirelessly to ensure that you receive what is rightfully yours.