Wage and Hour Violations
Wage and Hour Violations in California
Although most employers are honest and pay their employees what they have earned, some unscrupulous employers take advantage of their employees. Many employers will refuse to pay their employees what they are owed, including wages, sick time, overtime, commissions and bonuses. This can happen often when workers are in a vulnerable position, such as if they are illegal aliens or don’t speak English very well. Employers may believe that their workers will not seek legal help or aren’t aware of their legal rights.
However, those employees should seek legal counsel. An attorney can be a valuable asset in helping workers protect their legal rights as well as inform employers that legal violations of their rights won’t be tolerated.
Liberty Law Office has extensive experience in helping California workers determine whether they have been properly and fully compensated. Violations of the law may occur in the following circumstances:
- When workers are not paid for all hours worked.
- When workers are not paid 1.5 times their hourly rate for overtime.
- When workers are subject to charge backs or lost commissions after a sale.
- When workers are not reimbursed for all necessary business expenses (e.g., mileage, tools, etc.).
Missed Meal Periods and Breaks:
- When workers are not afforded meal and rest periods.
- When workers are not fully relieved of all duties for a full meal break and free to leave the work site.
- When workers do not receive all of their earned vacation pay.
- When accrued vacation days do not carry over from year to year.
Termination of Employment:
- When workers are not paid for all unused vacation upon leaving employment.
- When workers are not paid all wages due, like accrued vacation days, bonuses, and commissions earned.
Frequently, employers misclassify their employees as exempt from the protections under California and Federal law, by calling them “managers” or “independent contractors,” so that they are not obligated to provide those employees with the benefits and overtime to which they are entitled. This is illegal, and those employees may be entitled to back pay for benefits and overtime.
At Liberty Law, Micha Star Liberty believes that all employees should be paid all wages to which they are entitled. If you have been prevented from taking your full breaks, forced to work off-the-clock or not paid your proper wages, you may be entitled to back pay and other legal remedies. Micha Star Liberty can help you seek those legal remedies, which in some cases may involve a lawsuit, settlement negotiations, or filing a complaint with authorities.
Liberty Law Office represents both individuals and groups of individuals in a variety of wage violation lawsuits and can help you determine whether you are being fully compensated at your job. Report potential wage violations, or give us a call at 415-896-1000 or 510-645-1000. We serve clients in the San Francisco area, including Oakland, Hayward, Tracy, Berkeley, Fairfield and the surrounding areas. Call today for a free consultation on your case.