Los Angeles Wage and Hour Lawyer

Los Angeles Wage and Hour Attorney

Los Angeles wage and hour dispute lawyer Every American worker has the right to expect fair pay for their work. Employers are legally obligated to pay their workers according to the standards set forth by the United States Department of Labor’s Wage and Hour Division. Unfortunately, many employees are illegally exploited by their employers. Some employers intentionally withhold employee pay, fail to pay overtime as required, or otherwise violate their financial obligations to their employees.

Representing Los Angeles Clients in Wage and Hour Disputes

If you have any wage and hour dispute with your employer in Los Angeles, CA, it’s vital to know your rights and how an experienced attorney can assist with your situation. The right attorney can help you hold your employer accountable for any wage and hour violations they may have committed against you and assist you in securing the pay you’re legally owed.

Clark Employment Law, APC, is a full-service employment law firm providing legal representation to employees of all industries in the Los Angeles, CA, area. We understand how frustrating it can be to encounter issues related to your pay at work, especially when you know that your employer has intentionally neglected to fulfill their wage and hour responsibilities to you. The right Los Angeles wage and hour dispute attorney can provide the guidance and support you need to navigate these challenging cases with confidence.

How Do Wage and Hour Disputes Occur?

A “wage and hour dispute” is any legal claim involving an employer’s failure to pay their employees appropriately. There are very specific requirements regarding employee pay upheld by the US Department of Labor’s Wage and Hour Division. Any violation of these requirements constitutes a wage and hour violation. Some of the most commonly cited causes of wage and hour disputes in Los Angeles, CA, include:

• Failure to pay overtime. “Overtime” defines work done past the typical eight-hour workday or 40-hour workweek, but the standards apply differently to different types of employees.
• Failure to provide rest and meal breaks as required by state and federal laws. Similarly, wage and hour disputes can also arise if employees are compelled to work through required rest and meal breaks.
• Failure to pay for employees’ waiting time when they are required to report for work at a specific time but unable to start working due to forces beyond their control.
• Firing an employee for raising concerns about the aforementioned wage and hour issues. Should this situation arise, the employee would likely have grounds for a wrongful termination claim.

The wage and hour laws of California and the United States require employers to honor different standards for “exempt” and “non-exempt” employees. Exempt employees are not protected by the wage and hour standards of the Department of Labor, and these employees typically include company executives and employees with very specific job duties and advanced skills.

In addition, independent contractors are also exempt and typically have payment terms included in their contracts. “Non-exempt employees” is simply a blanket term for all employees who do not qualify as exempt; therefore, the Department of Labor’s Wage and Hour Division payment standards apply to all these employees.

One of the most commonly cited reasons for wage and hour disputes is when an employer knowingly mischaracterizes a non-exempt employee as an exempt employee to avoid their payment responsibilities to the employee.

This problem became so widespread that California legislators recently enacted new laws designed to protect the rights of non-exempt employees and compel employers to properly categorize their exempt and non-exempt employees.

Filing Your Wage and Hour Claim

Filing a wage and hour claim against an employer that has failed to pay you properly under California or US law can not only hold the employer accountable for their intentional misconduct but also yield compensation for your unpaid wages. Depending on the nature of your wage and hour claim, California state law enforces several possible remedies for unpaid wages:

• If your work met the criteria for overtime, but your employer did not properly pay you your overtime rate, you would be entitled to back pay for the unpaid overtime wages you should have received.
• An employer must provide back pay for any unpaid wages the employee was compelled to work if they did not receive appropriate payment.
• If an employer fails to provide a required meal break, the employee is entitled to one hour of pay for each day a meal break was missed. For example, if the employee was compelled to work through rest and meal breaks during an eight-hour shift, the employer owes two hours of pay at the employee’s usual hourly rate.
• Employers may be liable for liquidated damages if they fail to pay an employee the required minimum wage. The liquidated damages will equal the difference between what the employee should have been paid and what the employer paid.
• Employers could face waiting time penalties if they fail to provide an employee’s final check on time. For example, if an employee gives 72 hours’ notice before quitting their job, they can expect their final paycheck immediately. However, if the employee quits without notice, the employer has 72 hours to send them their final paycheck. If the employer fails to meet this time limit, they owe the employee a full day’s wages for each day their final paycheck is late, up to a maximum of 30 days.
• When an employer fails to provide an employee with a complete and accurate wage statement that lists the employee’s hours worked, pay rate, deductions, and total pay, the employer is liable for penalties that escalate with each violation, from an initial $50 penalty to a maximum of $4,000.

A Los Angeles employee can experience more than one wage and hour violation from their employer. Therefore, determining the exact amount of their missing pay can be quite challenging without help from a Los Angeles wage and hour dispute lawyer. Your legal team can help you determine the exact amount of your missing pay and compel your employer to remit your payment immediately.

Clark Employment Law, APC, understands how frustrating it can be to encounter pay issues from your employer, especially when you have reason to suspect your wage and hour discrepancies were intentional.

If you need assistance determining the best approach to your wage and hour dispute in Los Angeles, CA, we can help. Contact Clark Employment Law today at (818) 741-2101 to schedule a consultation and find out how our firm can assist you.