A “wage and hour dispute” is any legal claim involving an employer’s failure to pay their employees appropriately. California labor laws protect the rights of employees on issues such as overtime pay, meal and rest breaks, tip pooling, vacation hours and more. Every worker has the right to expect fair pay for their work. Unfortunately, wage and hour violations happen too often. Some examples of how your employer may be mishandling your compensation include:

• Unpaid overtime / wages
• Asking you to work off the clock
• Altering your timesheets
• Forcing to work through breaks/lunch
• Automatically clocking you out for meal breaks
• Paying you less than minimum wage
• Misclassifying you as an independent contractor
• Not reimbursing you for items you needed to do your job

Overtime

California laws offer employees protections that reduce the burdens of excessive labor. Eight hours of labor constitutes a day’s work. If an employee works more than 8 hours in a given day, more than 40 hours in a given week, or 8 hours on the seventh day of work in any one workweek, the employee is entitled to no less than one and one-half times the regular rate of pay. Cal. Lab. Code section 510.

Rest Breaks

Employers must also permit employees to take rest periods, for which there is no deduction from wages. Rest periods are granted based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours.

Meal Breaks

Workers are entitled meal breaks. An employee who works more than 5 hours a day is entitled to a 30-minute meal break; an employee who works more than 10 hours per day is entitled to a second meal period as well. During these periods, employees are to be fully relieved of their work duties and responsibilities. If an employer calls an employee back into work during his or her lunch period, it is as though the employee received no break at all.  If an employer fails to provide an employee a meal or rest period, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest period is not provided. Cal. Lab. Code section 226.7.

Off The Clock Work

Off-the-clock work is defined as work that is performed by an employee without getting paid. In certain circumstances, off-the-clock work can be encouraged by an employer to avoid paying an hourly wage to a worker for the total number of hours they actually work, or to avoid compensating them for overtime as obligated by overtime laws. If you’re working before your shift begins or after it ends, even for a few minutes at a time, you may be entitled to compensation.

We Can Help You Recover Your Unpaid Wages

Hekmat Law Group attorneys fight for employees who have not been paid properly. Contact us today for a free consultation and to learn more about your legal rights. If you think you may need a lawyer, don’t delay in contacting us. Your claims may be barred by a statute of limitations if you wait too long.