Experienced Los Angeles Wage And Hour Lawyer Protecting Your Paycheck

You work late into the night and get up early in the morning to perform your work. You may be entitled to compensation for the overtime hours you work even if your employer tells you that you are “exempt” or pays you a salary.

If your employer refuses to pay your unpaid wages or is not allowing rest or meal breaks, contact attorney Jeremy Golan today. Let Golan Law, P.C., provide the representation you need in Los Angeles or elsewhere in California. For a free consultation, contact Golan Law, P.C. today.

What Is Wage Theft?

Wage theft occurs when employers do not pay workers according to legally or contractually required standards. This unethical and illegal practice can take various forms, robbing employees of their rightfully earned compensation. In California, wage theft is a serious issue.

Common examples of wage theft include:

• Failure to Pay Overtime: Not compensating employees at the required overtime rate for hours worked beyond the standard 40-hour workweek.
• Minimum Wage Violations: Paying workers less than the state or local minimum wage.
• Misclassification of Employees: Incorrectly classifying workers as independent contractors to avoid paying overtime and benefits.
• Illegal Deductions: Making unauthorized deductions from employee paychecks for uniforms, tools, or other job-related expenses that bring pay below the minimum wage.
• Unpaid Rest Breaks or Meals: Not compensating employees for short breaks or meal periods, which are often required by law to be paid time.
• Withholding Final Paychecks: Failing to pay employees their final paycheck promptly after employment ends.

Understanding these forms of wage theft can help employees recognize if they are being unfairly treated and seek the appropriate legal assistance. Golan Law, P.C. is dedicated to helping workers in California fight back against wage theft and secure the compensation they are owed.

Who Is Eligible To File A Wage And Hour Claim In California?

In California, most employees, including full-time, part-time, temporary and seasonal staff, are eligible to file a wage and hour claim. This applies regardless of immigration status. Key eligibility considerations include:

• Employee Status: Typically, only employees (not independent contractors) can file claims, unless misclassification is involved.
• Exemption Status: Both exempt and non-exempt employees may file, but different laws apply depending on their classification.
• Age: Minors are also protected under wage and hour laws and can initiate claims if these laws are breached.

If you believe your employer has violated California labor laws regarding your pay or hours, consult with Golan Law, P.C. to explore your rights and the possibility of filing a claim.

What Is The Difference Between Exempt And Nonexempt Employees?

Employees who are “exempt” are not entitled to overtime pay; employees who are “nonexempt” should receive overtime pay. For nonexempt employees, this means:

• Work performed for more than eight hours per day requires of 1½ compensation of your regular pay.
• If you work 12 or more hours per day, you must receive twice your regular wages.
• When working over 40 hours per week, you must receive 1½ times your regular wages.

To be deemed “exempt,” the employer must prove each element of the exemption. There are various exemptions depending on the nature of your position. For example, there is a legal test to determine the exemption for managers, sales people, professionals, computer programmers, administrative employees and other types of employees. Employees may be misclassified as exempt if they do not meet each element of the legal test for that exemption.

Are You Exempt If You’re Paid A Salary Or Commissions?

You may be nonexempt and therefore entitled to overtime pay even if you receive a salary or commissions.

Does Your Title Make You Exempt?

Classification of exempt doesn’t depend on your title. It depends on your actual job duties.

What If There Are No Records Of The Hours You Worked?

The burden is on the employer to demonstrate no overtime is owed. However, if the employer failed to keep accurate records of the time you were on the job, then the court generally accepts your time estimate.

Methods you might employ to prove the hours you worked:

• Recreating a reasonable estimate of a typical day and multiplying the number of days worked
• To show when a computer was turned on and off or when emails were sent, a forensic analysis on a computer can be done
• Other witnesses’ testimony

Is It Too Late To Get Paid For The Overtime You Worked?

You can recover overtime pay that was not paid for up to four years under California law.

If you were misclassified, you may be entitled to:

• Unpaid overtime premiums
• 10% interest on overtime owed to you
• Penalties of up to 30 days of your daily pay
• Attorney fees
• Court costs

Contact An Experienced Wage And Hour Attorney Today

If you believe that you have been misclassified by your employer or that you were eligible for overtime pay and you weren’t paid, contact him for a free, no-obligation, confidential consultation: 310-904-6783.