You have rights when it comes to the wages you earn and the way you are paid. If your employer violates those rights, you may have a viable case for compensation against them. At KV LAW, P.C., we understand how to hold employers accountable when they refuse to pay what is properly owed to employees.
What Are Wage & Hour Laws?
Wage and hour laws are designed to ensure that employees are paid fairly and on time for the work they perform. In California, these laws regulate everything from the minimum wage to how hours must be tracked. While federal law establishes baseline standards, California provides even broader protections for employees. Wage and hour laws also govern how employees are classified. This classification is important, and it determines the benefits that you have access to and even your potential for filing a workers’ compensation claim.
When employers fail to follow these rules, employees may miss out on the wages they worked so hard for. Our firm can help you recognize pay discrepancies and identify when workplace practices may violate your rights.
Common Wage & Hour Issues Faced by Employees
There are different types of potential wage and hour issues that can arise in a California workplace. KV LAW, P.C. can assist with various types of wage and hour issues, including the following:
- Failure to Pay Overtime: Unpaid overtime is one of the most common wage violations in California. Many non-exempt employees are entitled to overtime pay when they work more than a set number of hours in a day or week. Violations often occur when employers incorrectly calculate overtime, fail to include certain types of bonuses or commissions in the overtime rate, or require employees to work additional hours without pay.
- Failure to Pay Minimum Wage: Minimum wage violations occur when employees are paid less than the legally required rate for all hours worked. This may involve failure to comply with state or local minimum wage rates. Improper deductions, unpaid training time, or forcing employees to work off the clock may also result in wages falling below the minimum standard.
- Missed Meal and Rest Breaks: California law requires employers to provide employees with duty-free, uninterrupted meal breaks (at least 30 minutes), and paid rest breaks (at least 10 minutes) during the workday, depending on the number of work hours the employee works in a given workday. Wage violations may arise when employees are not relieved of all duties during their meal or rest breaks, are pressured to skip their breaks, have breaks interrupted by work demands, or certain restrictions/conditions are placed during their breaks.
- Off-the-Clock Work: Off-the-clock work includes any job-related tasks performed without pay, such as starting work before clocking in, finishing tasks after clocking out, or working through unpaid breaks. If an employer knows or should have known that work is being performed off-the-clock, the time must generally be compensated.
- Failure to Pay Gratuities or Tips: California law protects employee tips, making it illegal for employers to take, withhold, or deduct from gratuities left for them by patrons. Tips are considered the sole property of the employees who earned them, and employers cannot use tips to satisfy minimum wage obligations.
- Failure to Pay Sick Time: Refusing to pay for sick time, paying it at the wrong rate, or failing to let an employee use accrued time is illegal. This includes failure to show available sick hours to employees.
- Failure to Pay for Accrued Vacation Time: Failure to pay accrued, unused vacation time upon termination is illegal. California law considers vacation as earned wages and “use-it-or-lose-it” policies are generally prohibited. Employers must pay out all vested vacation, and they cannot force forfeiture (although caps on accrual are allowed).
- Employee Misclassification: Misclassification occurs when workers are incorrectly categorized as independent contractors or exempt employees. This practice often denies employees overtime pay, minimum wage protections, and legally required breaks. Employers may misclassify workers to reduce labor costs, but even unintentional errors can lead to significant wage losses for employees over time.
These are only examples of certain types of wage and hour issues, and there are many others. If you feel your wage and hour rights have been violated, we can help evaluate your case.
Remedies for Wage & Hour Violations
There are different remedies available to you if you have experienced wage and hour violations at work. KV LAW, P.C. could help you recoup lost earnings, whether they are related to unpaid wages, failure to pay wages at the correct rate, failure to timely wages, or anything in between. California law may allow for additional compensation as well, such as penalties and interest on unpaid amounts.
Talk to KV LAW, P.C. Today
No one should have to go home from work wondering if they will actually be paid what they are owed. If you believe your rights have been violated, KV LAW, P.C. can help you evaluate your options. You might be entitled to recover your lost wages, potentially forcing your employer to make things right with your co-workers as well. Our goal is to ensure that these laws and regulations are enforced. Contact us today for a free consultation.