Introduction
In 2023, CBS reported that there had been 63,442 claims of wage theft in California since 2017. These claims represented more than half a billion dollars in stolen wages. There is no doubt that this is becoming a serious issue in California. If you need help with this issue, it is important to get in touch with a reliable law firm such as Fraigun Law. With help from a Los Angeles wrongful termination lawyer or a Los Angeles wage dispute lawyer, you can hold your employer accountable and recover crucial compensation.
How exactly does a wage dispute lawsuit work in California? When are you allowed to sue your boss? What exactly constitutes wage theft? How much money can you get from your lawsuit? And–Is it worth your time?
What are Wage and Hour Violations in Los Angeles?
California has a number of wage and hour laws. Here are a few examples:
- Minimum Wage Laws: As of this writing, the minimum wage in California is $15.50 per hour. But this number is likely to rise. New bills introduced to improve the minimum wage typically do so over many years – gradually increasing the rate. Minimum wage laws vary from municipality to municipality and by the size of the employer. For example, the minimum wage in Los Angeles will be $16.78 per hour as of July 1st, 2023.
- Overtime Laws: Under California law, your employer is required to pay you overtime after you work 40 hours within a six-day workweek. You are also entitled to overtime pay if you work more than eight hours per day. Overtime pay is 1.5 times that of normal pay, and double after you work 12 hours in a single day. If you work more than eight hours for seven consecutive days, you also get “double time.”
- Break Laws: Your employer is required to give you a 30-minute uninterrupted break when you work more than five hours in a single day. If you work more than 12 hours, your employer is required to give you a second 30-minute break. Both of these breaks are unpaid.
- Employee Classification Laws: Your employer is required to “classify” you in an accurate way. Many employers attempt to “misclassify” workers as independent contractors when they should really be classified as “employees.” The difference is notable: Independent contractors have fewer rights and protections.
Who is Eligible to File a Wage and Hour Claim in Los Angeles?
With the rise of remote and hybrid work, many people are now working from home. You might be wondering whether you can still file a wage theft claim if you find yourself in this situation. You really need to speak with a Los Angeles wage dispute attorney in order to find out whether you can file a claim.
What Remedies are Available to Employees in Wage and Hour Claims in Los Angeles?
The purpose of an employment lawsuit in California is to provide the victim with compensation. The employer may also face additional financial penalties. In wage and hour cases, Plaintiffs are entitled to recover unpaid wages, penalties and attorneys’ fees and costs.
What Should I Do if I Think I Have Been a Victim of Wage and Hour Violations in Los Angeles?
If you believe you have been the victim of a wage and hour violation in Los Angeles, you should immediately raise the issue with your employer–preferably in writing. Send them a signed letter detailing your concerns, and remember to keep a copy for yourself. Request that your employer make their replies in writing as well. With this strategy, you will have important evidence when you file a lawsuit later on. Your next step should be to keep careful notes of your hours worked and the wages you believe have been stolen or overlooked. Finally, you should speak with an attorney about your next steps.
Wage and Hour Laws in California
When it comes to wage and hour laws in California, there are a number of things to consider. First of all, you should think about what kind of work is eligible for payment:
- On-Call Time – If you are required to be on-call for your job, you must be paid for all the time you spend on-call, even if you are 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 is 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.
Pay Requirements for Overtime and Exemptions
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 is worth noting that you are still entitled to overtime pay for any work done in excess of eight hours in a day, even if you do not work more than 40 hours in a week. Additionally, work done in excess of 12 hours in a day, or in excess of eight hours on the seventh day of a workweek, must be paid at double time.
Pay Requirements for Employees Who Earn Commissions
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 Employees Who are Paid by Piece Rate
Piece-rate employees in California are entitled to earn at least the minimum wage for all hours worked, even if they are 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.
Requirements Regarding Tips
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.
What Damages are Available for a Wage and Hour Claim Case?
Each lawsuit is different, and internet research alone cannot tell you how much money you might receive. The only way to learn more about the possibilities is to contact a Los Angeles employment lawyer. That being said, you may be able to claim a number of damages. The most obvious damage is the total wages you lost as a result of your employer’s misconduct. But you may have suffered additional losses for things like wrongful termination after complaining about the missing wages.
Do Undocumented Workers Have Rights Under Wage and Hour Laws?
Yes, undocumented workers have numerous rights under California labor laws, and violations can lead to lawsuits for employers. You might assume that if you are an undocumented migrant living in California, then you have no right to file a wage violation claim. But this is simply not the case. Unlike many other states, California extends a number of important rights and protections to undocumented migrants. You can still file a claim for unpaid wages and related employment offenses even if you are not living in the United States “legally.”
Which California Industries Have the Most Wage and Hour Violations?
According to CBS, these are the industries and jobs that involve the most wage theft:
- Child Care
- Gas Stations
- Restaurants
- Security
If I File a Wage and Hour Claim, Can My Employer Retaliate Against Me?
No, your employer cannot retaliate against you in any way for complaining about wage violations. In fact, doing so would get them in even more trouble. For example, it is illegal to terminate your employment if you complain about not being paid overtime. If you file a lawsuit against you, they need to tread very carefully – and they certainly cannot fire you for that specific reason.
What Questions Should You Ask a Wage and Hour Attorney in California?
Here are a few questions you should consider asking your wage attorney in Los Angeles during your first consultation:
- How much experience do you have?
- Have you helped other plaintiffs receive settlements?
- How much is my case worth?
- What is your commission fee?
- What is your overall strategy when it comes to wage lawsuits?
Why Should You Hire Fraigun Law for a Wage Dispute Case?
Fraigun Law brings extensive experience with helping employees in Los Angeles fight for their rights and recover meaningful settlements. We are passionate about helping workers. Reach out to Fraigun Law today to learn more about your possibilities.
