A wage dispute is a disagreement between an employer and employee (or group of employees) about the amount of wages that the employee is entitled to. Wage disputes can arise for a variety of reasons, including disagreements about the interpretation of state or federal law, changes in the workplace, or issues with paychecks.
In some cases, the disputes may be resolved through informal negotiations between the employer and employee. However, in other cases, they may need to be resolved through more formal channels, such as filing a complaint with the state labor department or taking legal action.
If you want to take legal action against your employer in Van Nuys, you should get in touch with us at Fraigun Law Group. An experienced Van Nuys Wage Dispute Lawyer is ready to handle your case and make sure that you get the deserved amount of wages for your work. Call us at 818-981-1800 to discuss the case with an experienced employment law attorney.
Some Genuine Cases of Wage Disputes
Here are some of the most common causes of wage dispute in California which you can contact our lawyer for help with:
Failure to Pay Minimum Wage
Failure to pay minimum wage is perhaps the most straightforward violation. If an employer pays an employee less than the minimum wage, they are in violation of the law.
Similarly, if an employer requires employees to work more than 40 hours per week without paying overtime, that means he is breaking the law. Overtime must be paid at a rate of 1.5 times the employee’s regular hourly rate.
Misclassification of Employees
Misclassification of employees is another common wage and hour violation. This occurs when an employer incorrectly classifies an employee as exempt from overtime pay. In order to be classified as exempt, an employee must meet certain criteria regarding their job duties and salary level. If an employer misclassifies an employee, they may be required to pay back wages plus interest and penalties.
Asking Employees to Work During Breaks
Asking employees to work during their meal breaks or rest breaks and not paying them to work during those times is also not legal. This will come under the overtime violation and you can file a case against your employer if he has a habit of doing this to everyone.
Wage and hour violations can have serious consequences for employers. In addition to owing back wages and interest, employers may also be liable for civil penalties and attorneys’ fees. As a result, it is important for employers to understand the law and make necessary changes to the wage structure to avoid any legal complications later.
Compensable Working Hours
There are a variety of working hours that are compensable, meaning that they can be used to calculate an employee’s pay. If the employer doesn’t pay you for those working hours, then you can file a case against the employer for non-payment of deserved wages.
Here are some of the cases when the employer must pay employees for hours she/he doesn’t consider typical “working time.”
When it comes to getting paid for travel time, there are a few things to keep in mind. First, wages are only required for travel that is part of the job, not for personal travel. Second, travel time is only counted if it exceeds the normal commute to and from work.
Finally, travel time must be documented in order to be eligible for payment. You need to have proof of these things to make a strong case against your employer if he doesn’t pay you for your travel time.
Waiting Time and On-Call Time
This is the time spent waiting to be called to work and the time spent on-call at work. When an employer requires an employee to be available to work during specific hours, but the employee is not actually working during those hours, that is considered waiting time.
For example, if an employee is required to be available to work from 8:00 a.m. to 5:00 p.m., but the employer only assigns the employee four hours of work during that time period, the employee would have four hours of waiting time. However, he is eligible for a payment for the full day at work. On-call time is the time spent on-call at work.
An employee is on-call when the employer requires the employee to be available to work, but does not assign the employee any work duties during that time. For example, if an employer requires an employee to be available to work from 8:00 a.m. to 5:00 p.m., but does not assign the employee any work duties during that time period, the employee is eligible for the full day’s payment.
According to the Fair Labor Standards Act, employees must be compensated for all the time they spend working, including any time spent on activities that are essential to their job. This includes time spent on activities such as getting ready for work, cleaning up after work, or attending mandatory meetings. Therefore, if your employer doesn’t pay you for preparation time, you have a case against him.
As the name suggests, training time involves learning new skills or improving existing ones to increase productivity at work. It can involve both formal and informal activities, and it can occur throughout an employee’s life in the company. But it is illegal to not consider training time as working hours. Employees should get paid for participating in the training because ultimately, it is for the good of the company.
Why Should You Choose Our Van Nuys Wage Dispute Lawyer?
As a leading wage dispute lawyer in Van Nuys, Marin Kats Fraigun of Fraigun Law Group has won many wage dispute cases, and employers even consider us the firm to fear. We have a thorough understanding of the relevant laws and we will fight tooth and nail on your behalf so that you receive the wages you deserve.
In many cases, employers try to shut down their employees by intimidating them. We can assure you that strategy won’t work when they face a top-rated Van Nuys Wage Dispute Lawyer. Our lawyers don’t bend easily and we will prove in court that your employer is in the wrong.
We know how to build a strong case and how to negotiate effectively on behalf of our clients. If you are involved in a wage dispute, we can help you pursue the compensation that you deserve. Upon discussing your case with our lawyers, you will feel as if you are talking to your friends. We believe that communication is key to winning a case.
Additionally, we will also find out pieces of evidence to support your case. We will not stop until we are sure that the court has no other option but to deliver a verdict in your favor. We work tirelessly on each case, and we won’t rest until we have achieved the best possible outcome.
Call Fraigun Law Group Today for Help With Your Wage Dispute Case!
Wage disputes are not uncommon in the workplace. While employers tend to pass them off as negligible cases, you should stick to and fight for your rights. If you are not aware of the legal procedure to file a case against your employer, you can contact us at 818-981-1800.
The team at Fraigun Law Group can help you get the compensation that you deserve. We specialize in wage disputes and have years of experience fighting for the rights of workers and we are ready to take on your case. Discuss your problems with our lawyers and we will do our best to gather as many pieces of evidence as possible and help you get back what is rightfully yours.