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Resolving Wage Disputes
Wage and Hour Claim Attorneys Sacramento, Fairfield and Bay Area
York Law Firm has demonstrated the ability to manage complex litigation and we have substantial experience representing the rights of workers and consumers in class action and mass tort lawsuits. Over the past several years, our attorneys have represented thousands of individual clients in class action matters, including those involving a wage and hour claim or overtime compensation complaint. Our wage claim lawyers can advise you about your rights within the workplace and your options for filing a claim if you feel those rights have been violated. Please contact our wage claim and overtime compensation lawyers if you would like more information.
Wage and Hour, Labor Lawyer Sacramento
The California Labor Code and the Fair Labor Standards Act (FLSA) are clear: employees should be paid for the hours worked. Employers often ignore the law and intimidate or confuse their employees to avoid complying. California law and the federal Fair Labor Standards Act (FLSA) covers many requirements, including such things as strict rules about:
- Failure to pay overtime for all hours worked in excess of eight hours per day, or all hours worked in excess of 40 hours per work week
- Failure to record time you are required to be at work before or after the shift
- Failure to compensate for meal breaks when the employee is actually at work and not on a break from work
- Allocating the hours worked for different departments, even if it is with the same employer to avoid paying overtime
- Failure to pay for on-call time
- Failure to reimburse for employer mandated uniforms or equipment
A class action is a powerful legal tool which allows ordinary workers to join forces to fight injustice. Class actions differ from regular lawsuits in that they usually involve many people working together to focus their collective strength against a single wrongdoer, usually a large corporation. Class actions are like King David’s sling used to bring down mighty Goliath. They are a great legal tool to hold corporations responsible for their unlawful conduct. It is justice on steroids.
Wage disputes are often the subject of class action litigation. These disputes frequently arise from the misclassification of employees as exempt and failure to provide appropriate overtime compensation. Lawyers are able to prosecute wage and hour class action lawsuits effectively because seemingly small individual employee claims can become quite significant when all of the employees join together.
Types of Employees
There are two types of employees: exempt and non-exempt employees. Exempt employees are ones that are exempt from the FLSA’s overtime provisions and is generally a person with a special skill or license. Non-exempt employees are entitled to overtime pay under the FLSA. If thy work more than 40 hours in a workweek, their employer is required to pay them one-and-a-half times their regular rate of pay.
Types of Wage and Hour Violations
The United States have numerous laws in place to protect its workers from wage and hour violations. Even with regulations that deter wage and hour violations, they still occur.
Some of the most common types of wage and hour violations include:
- Minimum wage violations. The FLSA established a minimum wage requirement among all 50 states. The federal minimum wage for covered non-exempt employees is $7.25 per hour. California has a higher minimum wage at $8 per hour.
- Failure to pay overtime. The Fair Labor Standards Act (FLSA) ensures that employees who fall under the Act must receive overtime pay for any time worked over 40 hours in a workweek at a rate of one and one-half their regular rates of pay. California law requires that all non-exempt employees must receive overtime pay at one and one-half times her regular rate of pay if they work over 8 hours in a workday or over 40 hours in a workweek.
- Failure to Compensate for Hours Worked. The law requires that employers must pay their employees for all time worked their full payment of wages, including work that is done that is not included in the time records.
- Failure to Authorize and Permit Rest Periods. In California, employers are required to allow at least a 30 minute unpaid meal period for a work period of over 5 hours. Non-exempt employees must be given a 10 minute paid rest period for every 4 hours of work. Bathroom breaks do not count toward a worker’s rest period, but there are no extra rest periods for smokers.
- Improper Exempt Classification. California law requires that non-exempt employees must receive overtime pay for any time worked over 40 hours in a workweek at one and one-half times their regular rate of pay. If they are improperly identified as exempt employees, they are being erroneously denied of overtime pay.
- Prompt Payment Violations. California employees are entitled to prompt payment of wages from their employer. Further, California Prompt Pay Laws require owners to make progress payments to prime contractors within 30 days of receipt of the request for payment.
- Itemized Wage Statement Violations. The law requires that employers provide employees with an accurate itemized statement that contains the following:
- Gross wages earned
- Total hours worked for hourly, non-exempt employees
- All deductions
- Net wages earned
- The dates of the period of which the employee is paid
- The name of the employee, including her social security number
- The name and address of the employer; and
- Applicable hourly rates that are effective during the pay period.