In a perfect world, employees would trust that their employers have their best interests at heart. However, employers have been known to shatter that trust time and time again. Some employers have taken several opportunities to collect profits at the expense of an employee’s hard work—one method where employers take advantage of employees’ time, and money is violating wage and hour laws. If you are an employee who feels that your wage and hour rights have been violated, you are in the right hands with an Oakland Wage and Hour Issues Attorney.
What Are Some Common Wage And Hour Violations
Every American employer must abide by federal and state wage and hour laws. Employers who intentionally violate these wage and hour laws must be held liable and pay the employee the correct compensation. Some common wage and hour violations include:
- Overtime compensation issues: Except for seasonal employees, temporary employees, and independent contractors, employees are entitled to overtime pay when they work past the average 40 hours per week. When employers fail to pay employees their overtime pay within a reasonable period, they are in violation of federal wage laws. They can be held liable in a court of law.
- Rest and meal break: Many employers are required to provide employees with a break. Employees who work a five-hour shift are entitled to a minimum 30-minute break. Employees who work an eight-hour shift are entitled to at least an hour. Unless the employee and employer mutually agree to waive the rest or meal break, the employer cannot refuse an employee a break. Should this happen, employees should be paid an additional hour of pay. If employers violate this law consistently, employees should file a wage and hour claim against the employer.
- Employee misclassification: Employers will attempt to reduce the amount of taxes owed by misclassifying employees as independent contractors intentionally. Independent contractors are not entitled to the same benefits and protections as employees are to a company, which is why employers knowingly engage in misclassification. There are particular characteristics used to distinguish employees from independent contractors, and employees who have been misclassified should seek the help of a wage and hour attorney.
- Final pay issues: This common issue occurs when employers make incorrect deductions or outright fail to pay an employee all of their compensation in their final paycheck. One of the common mistakes employers make when issuing out the employee’s last paycheck is failing to pay out the employee’s earned and unused paid time off or vacation time. These errors can cause the employer to pay out substantial penalties.
Contact an Oakland Wage and Hour Issues Attorney Today
Have you endured issues at work with your wages, overtime pay, or breaks? Call JML Law, APLC at 818-610-8800, or complete our contact form to speak with one of our experienced Oakland wage and hour issues attorneys. We handle your case on a contingency fee basis. You don’t pay attorneys’ fees if we cannot achieve a favorable outcome in your case.
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