Wage and Hour Violations

Get An Experienced Los Angeles Wage and Hour Attorney

Los Angeles Wage and Hour Lawyer

It’s understandable for any company to seek ways of minimizing overhead costs and maximizing their profit margins, but they must do so ethically. No employer should ever consider intentionally underpaying their employees as a viable option for reducing operating expenses, but employers across all industries continue to commit wage and hour violations of all kinds.

Many workers in the Los Angeles area have filed and succeeded with civil suits against their employers for violating state and federal wage and hour laws. Unfortunately, even after many years of large wage and hour lawsuits, such violations continue throughout California. There are employees who are still not given meal and rest breaks, paid overtime, or reimbursed for their out-of-pocket business expenses.

Moreover, some employees are misclassified as salaried employees or not classified as an employee at all — but rather independent contractors. Therefore, the employer may wrongly treat them as not entitled to overtime pay or meal and rest breaks.

FIND AN ATTORNEY YOU CAN TRUST FOR A LOS ANGELES WAGE AND HOUR CLAIM

It can be daunting to imagine filing any type of legal action against your employer. Some people who experience illegal mistreatment from their employers understandably worry that voicing their grievances will lead to them losing their jobs. Others mistakenly assume that the stress and expense of filing a wage and hour claim would eclipse any compensation they could potentially secure from their employers.

The Shirazi Law Firm, PC, can help you feel more confident about an impending wage and hour claim in Los Angeles. Our team has successfully represented many past clients in a wage range of complex wage and hour suits, and we are ready to leverage this experience on your behalf. We take time to learn each client’s unique story and provide ongoing support in every stage of every case we accept.

DISCERNING WAGE AND HOUR VIOLATIONS

It’s important to note that a wage and hour violation case may focus on a violation of federal employment law and/or California law. For example, a wage and hour case could potentially revolve around failure to meet the minimum wage the employee should have received. The federal minimum wage is much less than the state minimum wage enforced in California. Many other variables can potentially influence this type of case as well, such as a pattern of related violations affecting multiple employees of the same workplace, retaliatory actions taken against whistleblowers, and more.

Wage and hour violations include the failure to get:

  • Minimum wage. The state enforces one of the highest minimum wage requirements in the country, and there are several tiers to the minimum wage law that apply to companies of different sizes. The minimum wage can also fluctuate based on the length of time a worker has held their job.
  • Overtime pay. California upholds a detailed overtime law, requiring 1.5 times an employee’s typical hourly rate for hours worked over certain daily or weekly thresholds. Some employees who work several consecutive days in a row will qualify for double pay. Any obfuscation of an employee’s work schedule in an attempt to avoid paying them overtime or double time is a clear violation of state wage and hour laws.
  • Required meal or rest periods. Employers must allow their workers to take meal and rest breaks after certain amounts of hours worked. Some employers attempt to discourage breaks or even outright refuse breaks in violation of state labor laws.
  • Vacation pay upon termination. Many employees accrue vacation time and other paid time off as they continue working for their employers. When these employees are terminated from their positions, their employers are required to pay out their accrued vacation time with their final paychecks.
  • Promised wages, bonuses or commissions. While most employment in the state functions on an at-will basis, some employees have contracts that stipulate bonuses, commissions, and other benefits. If an employer refuses or fails to honor such agreements, this behavior can easily amount to a serious wage and hour violation for the employer.
  • Paid for all hours worked (off-the-clock claims). Employers must pay workers for all time spent performing job duties, even if they are requested to work outside of their normally scheduled shift times. Additionally, they must provide employees with accurate paystubs that show all hours worked and all paycheck deductions clearly listed.
  • Expenses reimbursed. Any work-related expenses that an employee sustains out of their own pocket must be reimbursed by the employer.
  • Prevailing wages. The prevailing wage refers to the average amount of compensation and benefits paid to workers in a specific industry in a specific geographic location. Employers are expected to adhere to state minimum wage and overtime laws, but they must also provide adequate compensation that reflects their area’s prevailing wage.
  • Misclassified as a salaried employee (only certain professionals and real managers are exempt from overtime). Many employers have faced legal consequences for knowingly misclassifying employees. For example, they may classify a worker as an independent contractor to avoid responsibility for overtime pay or benefits, but if the employee meets the legal definition of a full-time employee, the employer has committed a flagrant wage and hour violation.

If you or someone you know has been denied the wages they are owed in Los Angeles or Southern California, please contact us for a free consultation.

Cases are handled on a contingency fee basis, meaning we only get paid after you do.
Consultations/communications can be virtual if preferred.

Emanuel genuinely cares about the situations his clients are in and stays in constant communication with them. He is very honest and assertive and quick to take action. I would recommend him to anyone because of his expertise as an employment lawyer and his ability to make you feel at ease in a tough situation

Case Focus: CC

CC Wage and Hour Law case Study

CC was one of several employees who were misclassified as exempt from overtime by their employer. California’s Labor Code only allows select professionals, managers, and administrators to be exempt from overtime pay and breaks.

CC’s employer intentionally misclassified her and her co-workers as exempt to avoid paying them anything for overtime worked. CC and her co-workers regularly worked dozens of hours a week of overtime for no pay whatsoever.

Further, CC’s employer failed to provide duty-free meal and rest periods and failed to pay one additional hour of pay for each duty-free meal or rest period that was not provided in accordance with California law.

We helped CC and her co-workers get a substantial settlement.

FILING YOUR LOS ANGELES WAGE AND HOUR CLAIM

Once you have secured legal representation you trust to guide you through your wage and hour claim, you must file your claim with the Labor Commissioner’s Office and provide as much supporting evidence as you can obtain to support the claim. Your attorney can be an invaluable asset in this effort, helping you secure evidence and documentation you may have overlooked on your own.

If you have firmly proven that your employer committed a wage and hour violation that was not a good faith error, the minimum compensation you should expect would be repayment of all the lost income the employer owes you for the time specified in your complaint. For example, if your employer was legally required to pay you $25 per hour but only paid you $15 per hour, you could receive the missing $10 for every hour worked during the time period specified in your case.

When your employer has knowingly exploited your work through intentional violations of state and/or federal wage and hour laws, you can also secure liquidated damages equal to the amount of missing income you are owed, plus interest. For example, if your claim cites $20,000 in lost income, you could potentially receive an additional $20,000 or more in liquidated damages to reflect the nature of their behavior. Many factors can potentially influence the amount of liquidated damages you could claim from your employer, so it’s best to consult an experienced Los Angeles wage and hour attorney to navigate your case as successfully as possible.

Some employers will also face punitive damages, and each employee affected by an intentional wage and hour violation will have unique variables in play in their case. The Shirazi Law Firm, PC, is ready to provide the comprehensive legal counsel you need to not only approach your wage and hour claim with confidence but also to maximize our client’s recovery.

If you believe you have been misclassified as an exempt employee and not paid overtime, our firm may be able to get you justice too. Give us a call at 310-742-8711 for your free intake, or reach out to the Shirazi Law Firm, PC, online to schedule a free consultation with our team.

Cases are handled on a contingency fee basis, meaning we only get paid after you do.
Consultations/communications can be virtual if preferred.

“If you’re looking for professional, legal representation, I highly recommend Emanuel and his team. From start to finish, my experience with my case was handled in a first class manner.”

EMANUEL SHIRAZI

Founder Emanuel Shirazi is an employment lawyer in Los Angeles representing employees who have been legally wronged by their employers. In addition to representing employees, Mr. Shirazi used to defend employers while he worked at the largest employment law firms in the country. Thus, Mr. Shirazi knows the tricks of the trade of the other side and will use that to your advantage in your case. Mr. Shirazi’s experience helps him anticipate your employer’s defense and prepare accordingly.