Every employer is expected to comply with national and local labor laws. Employers sometimes ignore these regulations to drive profits higher. This can include not paying employees enough or even at all. As Studio City wage dispute lawyers, we fight to get those employees the compensation they are legally owed.
Our legal team at Fraigun Law Group has been involved in thousands of employment cases and has a clear understanding of California labor laws. Employees have the right to receive fair compensation for the work they perform. We protect that right for employees who are willing to take a stand.
If your employer has underpaid you or avoided payment altogether, then we can help. We can help expose the illegal practices and ensure that you receive the payment you are owed. Call our Studio City employment law attorneys at 818-981-1800 to discuss your case.
What Qualifies as a Wage Dispute?
There are several different situations where an employer may violate California labor laws. These violations can relate to the payment itself or the amount of time the employee worked. Here are some of the most common disputes we handle:
- Failure to pay the employee altogether.
- Failure to pay the employee the California minimum wage at the time.
- Failure to pay the employee for overtime or time spent on call.
- Misclassification of an employee as an independent contractor.
- Requiring off-the-clock labor from employees.
- Requiring employees to continue working during unpaid breaks.
- Misclassification of employee commissions.
These are some of the most common examples of wage dispute claims. If you believe that any of these apply to you and your employer, then you may be able to take legal action.
What Will I Need to File a Dispute?
It’s easiest to file a dispute if you prepare with these essential documents. A copy of your time record, paycheck stubs, and a Notice to Employee will make everything easier. If your employer has paid you with checks that have bounced, then having them available will also help. Having these essential documents can provide concrete evidence that a violation has occurred.
Our Studio City wage dispute lawyers can help you file a wage claim with the Labor Commissioner’s Office.
What Is a Wage Class Action Lawsuit?
A class-action lawsuit is a dispute brought forth by a large group instead of a single individual. This group will have all suffered similar violations because of the defendant. They are common in wage disputes because employers tend to commit the same violations with all of their employees. A class action will bring justice to all of the employees who suffered because of an employer’s bad practices.
Class action lawsuits are often preferred to singular cases for many reasons. It can make the entire process easier for everyone involved and are more successful than individual wage dispute claims. Filing as a group also ensures that the damages are evenly disputed rather among the victims. They are also preferred by the courts because they are more affordable and easier to manage than several cases.
What Time Should My Employer Be Paying Me For?
California labor laws state that every employer must pay their non-exempt employees for their hours worked. They then classify the different categories that are considered hours worked. It includes more than the hours spent performing duties at the work site. Here are a few examples of hours worked that employers may try to avoid paying for:
Travel
This does not usually include the time spent traveling to work. Instead, this covers travel time to secondary locations. It can include any time that your employer requires you to travel somewhere during work hours.
Overtime
California law requires that employers pay nonexempt workers 150 percent of their normal hourly rate when working overtime. This includes any time spent working more than 8 hours in a single day or 40 hours during a single week.
If the employee works for seven days in a row then the entirety of the seventh day should be paid at an overtime rate. If they work for more than 12 hours in a single day, then the rate increases to 200 percent.
On-Call
If you are required to wait while on-call at the job site, then you should be compensated by the employer. In some cases, the employer is also responsible for compensation for on-call employees who are not at the job site.
Training
In most cases, your employer is required to pay you for the time you spend training for the position. This can include time spent training on the job, additional meetings, or any other tasks related specifically to training. This does not cover employees who undertake additional voluntary training.
Are Commissions Protected By Labor Laws?
There are several laws designed to protect employees who work for commissions. They ensure that the employee has an opportunity to at least earn as much as an hourly employee. It’s also possible for them to receive compensation for overtime similar to an hourly employee.
Exactly how much of their income relies on commissions will determine the employer’s responsibilities. They are required to pay employees no less than minimum wage even if their commissions are lower than this. If less than half of their income is based on commissions, then they are eligible to receive overtime payment that is 150 percent of their normal rate.
What About Piece Rate Employees?
Piece work pay is often an exciting opportunity, but employers can easily use it to their advantage to underpay workers. Regulations regarding piece rate pay have become more prevalent in recent years. Piece rate workers receive a payment that is determined by the number of items or services provided during the pay period. Some employers heavily limit a worker’s potential output to control costs.
Employees still have an obligation to certain labor laws even when dealing with a piece rate employee. For example, the employee must receive no less than the current California minimum wage during any pay period. They must also be paid for the time spent performing work tasks that do not directly earn piece rate pay. This can include performing tasks for the employer or waiting for a specific delivery.
Are Tips Considered Payment?
If you work in a customer service position, then you’ve probably received one or two tips. An employer may not make any claim to tips or larger tip collections of the workers. Those tips do not affect the employer’s responsibility to pay at least the California minimum wage.
Can My Employer Round My Hours?
It’s not uncommon for businesses to round hours to the nearest 5 or 10 minutes. However, if they are regularly rounding the time down, then the employee is receiving less than what they have worked for.
The overall amount of time lost can add up quickly for employees who have worked at the same business for several years. If the company has a large workforce, then they may be stealing millions of dollars from hard workers every year. You have a legal right to be paid for the full time you have worked.
Get a Trusted Studio City Wage Dispute Lawyer on Your Side!
Do not let an employer take advantage of your skills or your time. If a company refuses to pay what you are owed, then you have to consider legal action. We can help you and all of the employees in Studio City receive fair treatment. Whether you work on-call, on commission, or as a piece rate worker, you have a right to fair compensation. Don’t wait to take a stand if your employer is stealing from you today.
Call Fraigun Law Group at 818-981-1800 to schedule a free consultation with a top-rated wage dispute lawyer in Studio City, CA.
