Both California and federal laws provide protections for workers’ wages and hours. Unfortunately, it is not uncommon for some employers to violate these protections. Sometimes, these violations happen unintentionally. However, there are instances when employers deliberately circumvent the law to avoid paying employees their rightful dues.
Intent notwithstanding, wage and hour violation can lead to serious repercussions. If you believe your employer is unlawfully withholding your hard-earned money, you need to take action. However, to prove your case, you will need to provide sufficient evidence.
Here are three ways your employer is likely to violate your wage-hour rights:
Failing to pay overtime
Under California wage and hour laws, any time worked beyond the contract terms (usually 8 hours per day or 40 hours per week), your employer is required by law to treat the extra hours as overtime. However, it is not uncommon for some employers to disregard overtime hours. Sometimes, the employer might fail to capture the extra hours worked when documenting your overtime.
Failing to keep proper records
Proper record-keeping is crucial for maintaining a legally-compliant workplace. This also makes conducting overtime claims much easier. In fact, the Wages and Fair Labor Standards Act requires employers to keep accurate records of hours worked, including paid wages as well as overtime pay for all employees.
Employee misclassification
Sometimes, an employer may deliberately classify you as a contractor rather than an employee to avoid paying the benefits you are entitled to under California’s wage and hour laws. If your work involves performing roles that are key to the organization’s success, you could be a full-time employee rather than a contractor.
Every employee deserves fair pay for work done. If your employer is violating the wage and labor laws, it is important that you take steps to pursue the compensation you deserve.