Encino Wage and Hour Lawyer

Encino Wage & Hour Violations Attorney

At Gruzen Moussly Law, we are dedicated to helping employees recover the compensation they have rightfully earned from their employers. We know that your paycheck is essential to providing for yourself and your family. When companies fail to pay what they owe, it directly threatens the livelihood of hardworking people.

Far too often, employers deprive workers of lawful wages through various violations like:

• Failure to pay minimum wage or overtime rates
• Misclassifying employees as independent contractors
• Not compensating for all hours worked
• Illegally deducting from paychecks
• Withholding commissions and bonuses
• Manipulating timecards to avoid paying overtime

These practices are not just unethical – they are illegal under both California state labor laws and the federal Fair Labor Standards Act. Our experienced employment attorneys will thoroughly investigate your compensation dispute and build a strong case to recover your unpaid wages.

We use aggressive strategies to hold employers accountable and maximize your financial recovery. And we work on a contingency fee basis, so we will take a percentage of the compensation you receive in the verdict or settlement if and when we win.

Don’t let employers get away with stealing your hard-earned pay. With dedicated legal representation, we can fight to recover the compensation you deserve and prevent future wage violations.

Minimum Wage Violations

When it comes to fair pay, California sets some of the most progressive minimum wage standards in the nation. However, the exact dollar amounts can seem confusing, since they vary based on employer size, location, and other factors. In addition, many cities and counties in California have enacted their own higher minimum wages to account for the higher cost of living in those areas.

Tipped employees in California must still receive at least the full minimum wage rate directly from their employer, separate from gratuities. Service charges, commissions and bonuses also do not count toward the minimum wage.

It is illegal for any employer to pay less than the mandated minimum wage or fail to comply with local wage ordinances. Violations can result in penalties, back pay orders, and legal action.

Overtime Violations

Along with meeting minimum wage standards, Encino, California employers must provide proper overtime pay to eligible employees. Failure to do so constitutes wage theft and a violation of state labor law.

The overtime rules in California are:

• Time and a half (1.5x regular rate) for over 8 hours in a workday
• Time and a half for over 40 hours in a workweek
• Time and a half for first 8 hours on 7th consecutive workday
• Double time (2x regular rate) for over 12 hours in a workday
• Double time for over 8 hours on 7th consecutive workday

Unfortunately, many employers misclassify workers as exempt or otherwise find ways to avoid paying overtime. Manipulating timecards, reducing hours on paper, paying flat salaries for excessive hours, and telling employees they are ineligible for overtime remain common schemes.

If you have worked overtime hours without proper compensation, it is important to document the unpaid time and consult a wage and hour lawyer. With proof of wage and hour violations, you can file a claim to recover your owed overtime pay. An attorney can calculate the full value of unpaid overtime under state law and negotiate assertively on your behalf.

Meal and Rest Break Violations

Taking adequate meal and rest breaks is a vital employee right in California. State labor laws strictly regulate the timing and duration of breaks to ensure proper working conditions.

Employers who deny meal or rest breaks commit wage violations and can be held accountable. Workers are entitled to additional compensation whenever they are not provided compliant breaks, including:

Rest Breaks:

• 10 paid minutes for every 4 hours worked
• Properly timed to the middle of 4-hour work periods
• Free from any work duties

Meal Breaks:

• 30 unpaid minutes for shifts over 5 hours
• A second 30-minute break for shifts over 10 hours
• Uninterrupted, duty-free, and separately clocked
• Occur before the 5th and 10th hour of work

Missed or non-compliant breaks entitle employees to an extra hour of pay for each day violations occur. Workers should document all instances of being unable to take proper breaks. With sufficient evidence, employees can file claims to recover owed wages due to meal and rest break violations.

Unpaid Wages Violation and Commissions

Many employees endure unpaid work in California, whether intentional or inadvertent by employers. But labor laws protect your right to fair pay for all time worked. Common wage violations include:

• Requiring off-the-clock work before/after shifts
• Denying pay for work during meal breaks
• Failing to compensate for training, meetings and other duties

Additionally, earned vacation time is considered wages under California law. Employers cannot implement “use it or lose it” policies. Unused PTO must be paid out upon termination.

Commissions and bonuses are also considered earned wages when promised as part of compensation. Withholding owed commissions or bonuses breaches contracts and violates statutes.

Importantly, employees cannot waive their basic wage rights or agree to wages below the minimum wage. Any employer request to work unpaid should raise red flags.

Thoroughly tracking all unpaid working time is crucial. With detailed records, employees can recover owed wages by filing a wage claim or lawsuit. Experienced wage and hour lawyers can calculate full compensation under the law and negotiate assertively on your behalf.

Other Common Wage and Hour Violations in Encino, CA

Beyond overtime and minimum wage, employers commit many other pay-related transgressions that violate California labor law:

• Failing to pay prevailing wages on public works projects as legally required
• Neglecting to reimburse employees for necessary business expenses like travel, cell phone, tools etc.
• Withholding contractually owed hazard pay for dangerous work
• Making illegal deductions from paychecks for losses, shortages, or other reasons
• Not paying owed wages immediately at termination, as required by law
• Failing to compensate for time spent on work duties before/after shifts like putting on protective gear, attending meetings etc.
• Misclassifying workers as exempt from overtime based on duties
• Paying employees late consistently in violation of pay frequency rules
• Denying mandated paid sick leave available under state and local laws
• Not providing wage statements that accurately detail pay rates, hours, deductions etc.

Thoroughly documenting unlawful pay practices is key to recovering owed wages. Our employment attorneys can evaluate wage claims and fight relentlessly to obtain the maximum compensation workers are owed.

Don’t let employers shortchange your paycheck. California’s wage and hour laws protect your right to fair compensation for all work performed – but you must take legal action to enforce those rights. With an experienced lawyer’s assistance, you can hold employers accountable for wage theft.

Damages and Compensation Available to You for a Wage and Hour Violation Case

Gruzen Moussly Law can help you file a lawsuit against your employer to obtain damages if your correct wages are not paid. There are also penalties your employer may be required to pay for specific types of wage and hour violations.

The different damages you may receive from a successful wage and hour dispute include:

• The unpaid balance of the minimum wage or overtime compensation that the employee did not receive;
• Back pay and back wages;
• unpaid wages for “on-call pay” or “standby pay”;
• Interest on those amounts; and
• Reasonable attorney’s fees and litigation costs

Employees whose employers do not provide meal or rest breaks as required under wage/hour law are entitled to receive one hour’s pay at their regular rate for each workday on which a required break was not provided to them.

In addition, you may also be entitled to “liquidated damages” that are equal to the amount of unpaid wages and interest if your employer did not pay at least minimum wage.

If you are terminated, you have the right to your final paycheck immediately. However, if you quit or resign, you must receive your final pay within 72 hours of quitting. This final paycheck must include compensation for all hours worked plus unused vacation time.

If your paycheck is late or it does not include all the wages you are due, your employer may be required to pay a waiting time penalty. This penalty is a full day of wages at your regular rate for every day your employer is late up to 30 days.

Note however that employees who bring wage and hour lawsuits against their employers in California cannot collect damages for emotional distress.

Gruzen Moussly: Experienced Encino Wage And Hour Lawyer

Navigating the intricacies of employment laws, especially concerning wage and hour regulations, can be a daunting task for any employee. One of the most fundamental aspects of any job is receiving accurate compensation for the hours worked. If your employer is not providing a transparent and precise account of your hours and wages, it’s essential to recognize that their lack of transparency is not just unethical, it’s also illegal.

In the state of California, stringent laws are in place to protect employees from wage theft and ensure fair compensation for their hard work. If you find yourself in a situation where you suspect that your employer is underreporting your hours or manipulating your wages, it’s crucial to understand that you have rights, and that there are legal avenues available to address this injustice.

Our knowledgeable wage and hour attorneys specialize in addressing these issues head-on. We are dedicated to assisting you and your coworkers, when applicable, in enforcing laws to pursue the financial damages you have suffered. This includes not only the actual unpaid wages but also additional compensation, such as interest and other statutory penalties, to which you may be entitled.

You don’t have to untangle the complex web of California wage and hour codes on your own. Our experienced employment law litigators are here to guide you through the process, offering legal advice and support every step of the way. We understand the nuances of the law and have a proven track record of helping employees obtain the justice and compensation they rightfully deserve.

If you suspect that something is amiss, if you believe you are not receiving the pay that you rightfully deserve, don’t hesitate to reach out to our dedicated legal team. By contacting our wage and hour violation lawyers, you take a significant step toward asserting your rights and holding your employer accountable for their actions.

Let us advocate for you and work tirelessly to ensure that you receive the fair and just compensation you have earned.