Los Angeles Wage And Hour Lawyer

Los Angeles Wage And Hour Attorney

It’s understandable for any company to seek ways of minimizing overhead costs and maximizing its profit margins, but it 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 meals and rest breaks, paid overtime, or reimbursed for their out-of-pocket business expenses, and an employment law attorney can help protect their rights.

Moreover, some employees are misclassified as salaried employees or not classified as employees at all, but rather as 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 wide 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 ($16.50/hr.). In addition, there are different minimum wages within the city ($17.87/hr.) and county ($17.81/hr.) of Los Angeles. 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.

Hours Worked and What That Means in Los Angeles

Because you need to be paid for all hours worked, it’s important to understand what this really means, and in Los Angeles, that encompasses time spent on certain tasks, even if you’re off the clock. California uses a broad definition of compensable time, and some examples include:

• Waiting or on-call time when you need to remain on premises
• Training or meetings that aren’t voluntary
• Required pre-shift preparation, like putting on gear or setting up
• Travel time between job sites or while on errands for your employer
• Security checks before or after clock-in

If you believe your employer isn’t paying you for all the hours you worked, the team at Shirazi Law Firm, P.C., can evaluate your situation and help you recover all the wages you’re owed.

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 salaried to avoid responsibility for overtime pay, but if the employee does not meet the legal standard to be exempt, the employer has committed a flagrant wage and hour violation.

FAQs About Los Angeles, CA Wage And Hour Laws

How Long Do I Have to File a Claim for Unpaid Wages?

How long you have to file a claim for unpaid wages depends on the particulars of your unpaid wage and hour case, mainly, what kind of violations were involved. Some claims can allow you to recover wages going back several years, while others need to be filed much sooner. Waiting too long can make it harder to gather the evidence you need so you can prove what you’re owed, so the sooner you reach out to us, the sooner we can build your case.

Can My Employer Average My Hours Over the Course of Two Weeks to Avoid Overtime?

No, your employer can’t average your hours over the course of two weeks to avoid overtime. California generally requires overtime to be calculated on a daily basis. That means if you work more than eight hours in a single workday or more than forty hours in a workweek, you are owed overtime even if you worked lighter days during the pay period. Employers who average out your hours to reduce overtime are violating the laws of the state.

What Happens if My Employer Alters or Deletes My Time Records?

If your employer altered or deleted your time records, the law allows employees to rely on reasonable estimates of their hours worked. That’s because the law requires employers to keep accurate time and payroll records. If the employer refutes your estimates, the court can shift the burden of proof to the employer to disprove them. To reconstruct your time and payroll records, messages, schedules, emails, personal notes, and pay stubs can be used to support your claim.

Can I Be Fired for Complaining About Unpaid Wages?

No, by law, you can’t be fired for complaining about unfair wages. However, that doesn’t mean your employer won’t find a reason to fire you in retaliation. Retaliation for asserting your wage and labor rights is illegal, and it includes termination, demotion, a reduction of hours, or other adverse actions against you that suspiciously line up with you making an internal complaint, filing a claim, or participating in an investigation.

Hire an Unpaid Wage and Hour Lawyer in Los Angeles Today

If you or someone you know has been denied the wages they’re owed in Los Angeles or Southern California, you need to hire an unpaid wage and hour lawyer as soon as possible. At Shirazi Law Firm, P.C., our team is ready to aggressively fight for your rights and to secure the compensation that you deserve.

CASE FOCUS: CC

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.

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.

Shirazi Law Firm Office

Address: 9454 Wilshire Blvd Penthouse, Beverly Hills, CA 90212

Phone: (310) 400-5891