Trusted Wage And Hour Attorneys in Los Angeles, CA

Most wage and hour violations or overtime claims are covered under the federal Fair Labor Standards Act (FLSA) or other California state regulations. These rules change frequently, and contain many exceptions, depending on the situation. Whether based on state or federal law, however, successful wage and hour claims generally allow an employee to recover back pay, plus his or her attorney’s fees and court costs. Find out more by contacting a Los Angeles wage and hour lawyer at the Leichter Law Firm, APC.

The Leichter Law Firm, APC, is a law firm based in Los Angeles, California, that provides legal assistance to employees who face wage and hour violations. Employers have a responsibility to pay their employees fairly for the time they work. Unfortunately, some employers engage in illegal practices that deny employees their rightful pay. If you suspect that your employer is engaging in illegal practices, a wage and hour attorney in Los Angeles, California, can help you.

Los Angeles Wage And Hour Attorney

Rules for Documenting Your Time at Work. Is it Legal?

Does your employer make you work time off the clock? Are you required to show up at work a half-hour before you are allowed to punch in? Are you forced to work through lunch and breaks? Our California employment law lawyers know how to help. At the Leichter Law Firm, APC we have the skill and experience to stand up for the rights of California employees who are treated unlawfully at work. We pride ourselves on personal client service and our responsiveness to your wage and hour claim.

The following are guidelines to help you determine if you are not being fully compensated for your overtime work:

Our Los Angeles Wage And Hour Attorney Serves the Following Practice Area

Common Examples of Wage & Hour Violations

Wage and hour violations are more common than you might think, and they can take many forms. Employers may inadvertently or intentionally violate labor laws. Here are some common examples:

  1. Unpaid Overtime: Employers may try to avoid paying overtime by misclassifying employees as exempt from overtime regulations or by simply not paying them for extra hours worked beyond the 40-hour workweek.
  2. Off-the-Clock Work: Some employers may require employees to perform job-related tasks before or after their scheduled shifts without compensating them for this additional work.
  3. Minimum Wage Violations: Employers must pay employees at least the California minimum wage. Violations occur when workers are paid less than the mandated minimum wage.
  4. Meal and Rest Break Violations: California law requires that employees receive specific meal and rest breaks during their shifts. Violations occur when employees are denied these breaks or are not paid for working through them.
  5. Misclassification of Workers: Employers may misclassify employees as independent contractors to avoid paying minimum wage, overtime, and other benefits.

Pay Requirements for Employees Paid by Piece Rate

In Los Angeles, many industries rely on piece-rate compensation systems, where employees are paid based on the number of units or pieces they produce. However, this method must still adhere to California labor laws:

  1. Piece Rate Minimum Wage: Regardless of the piece rate system, employees must earn at least the California minimum wage for all hours worked.
  2. Rest and Recovery Time: Piece-rate employees are entitled to rest and recovery periods just like hourly employees, and they must be compensated accordingly.
  3. Overtime Pay: Piece-rate workers are eligible for overtime pay for hours worked beyond the 40-hour workweek or eight-hour workday.

Overtime Pay Requirements

Overtime pay is a critical aspect of wage and hour law, ensuring that employees are fairly compensated for their extra efforts. In Los Angeles, employees must be aware of the following regulations:

  1. Overtime Rate: Employees are entitled to one and a half times their regular rate of pay for hours worked beyond eight in a single workday or beyond 40 hours in a workweek.
  2. Double Overtime: Some situations may require double overtime pay, such as hours worked beyond 12 in a single workday.
  3. Exemptions: Certain job positions and industries may be exempt from overtime pay regulations. It’s crucial to understand whether you qualify for overtime.

Why Do You Need a Los Angeles Wage and Hour Lawyer?

Now that we’ve explored the nuances of wage and hour laws in Los Angeles, let’s address the pressing question: Why do you need a Wage & Hour Attorney in Los Angeles?

  1. Experience in California Labor Laws: Employment laws in California are intricate and continuously evolving. An experienced Los Angeles wage and hour attorney is well-versed in these laws and can help you navigate their complexities.
  2. Protection of Your Rights: Whether you’re an employee facing wage violations or an employer seeking to ensure compliance, an attorney will protect your rights and interests.
  3. Litigation Support: In cases of wage and hour disputes, a skilled attorney can provide you with strong representation in court, increasing your chances of a favorable outcome.
  4. Negotiation Skills: Attorneys can often negotiate settlements that are fair and advantageous, saving you time, money, and stress compared to protracted litigation.
  5. Preventive Measures: For employers, wage and hour attorneys can help implement proactive measures to ensure compliance with labor laws, reducing the risk of costly legal battles in the future.

Employee Misclassification in Los Angeles, California

Employment misclassification is a major problem in Los Angeles and throughout the state of California. Some employers attempt to get around wage and overtime laws by classifying employees as independent contractors or as exempt employees. This allows employers to avoid paying overtime wages, taxes, and other benefits. This can lead to significant financial losses for workers, who may be denied the wages to which they are legally entitled.

Under California law, workers must be properly classified as either employees or independent contractors. Employees are entitled to a range of protections, such as workers’ compensation and unemployment benefits. Independent contractors, on the other hand, are not entitled to all of the same benefits and are responsible for paying their own taxes.

If you are classified as a manager and perform little to no managerial tasks, contact Los Angeles employment law lawyer Aryeh Leichter today. We handle class-action lawsuits in which a number of employees have been similarly affected by an employer’s violation of wage-and-hour laws. The team at Leichter Law has extensive experience representing workers in misclassification cases, and we can help you understand your legal rights and options.

Contact a Los Angeles Wage and Hour Lawyer in Los Angeles, California For a Free Consultation.

If you believe that your employer has committed violations of the wage and hour laws, you don’t have to file an EEOC claim as you would in a typical discrimination case. Instead, you can hire a private Wage and Hour attorney in Los Angeles and file suit as soon as you discover the violation. If other people at your company have also been denied overtime, meals, or breaks, you may be able to file a special type of FLSA class action lawsuit. Contact the Leichter Law Firm, APC at 818-915-6624 or email us today for a confidential consultation.

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Frequently Asked Questions for Our Los Angeles Wage and Hour Lawyer

What Is The Minimum Wage In California?

The minimum wage in California is $15 per hour for employers with 26 or more employees, and $14 per hour for employers with 25 or fewer employees, as of January 1, 2023. There are some exemptions for certain types of employees, such as those who are disabled or working as learners or apprentices.

What Are The Overtime Laws In California?

California law requires that employers pay overtime to non-exempt employees who work more than eight hours in a day or 40 hours in a week. Overtime pay is one and a half times the employee’s regular rate of pay. Employees who work more than 12 hours in a day are entitled to double their regular rate of pay.

Are Employers Required To Provide Meal And Rest Breaks?

Yes, employers are required to provide meal and rest breaks to non-exempt employees. Employees who work more than five hours in a day are entitled to a 30-minute meal break, and those who work more than 10 hours in a day are entitled to a second 30-minute meal break. Additionally, employees who work more than four hours are entitled to a 10-minute rest break.

California law requires employers to provide meal and rest breaks to non-exempt employees. Employees who work more than five hours in a day are entitled to a 30-minute meal break, and those who work more than 10 hours in a day are entitled to a second 30-minute meal break. Additionally, employees who work more than four hours are entitled to a 10-minute rest break. Employers who deny their employees these breaks may be in violation of wage and hour laws.

Can Employers Require Employees To Work Off The Clock?

No, employers cannot require employees to work off the clock. All time that an employee spends performing work-related activities must be compensated, including time spent preparing for work, attending meetings or training, and traveling between job sites.

What Is The Penalty For Not Paying Wages On Time In California?

If an employer fails to pay an employee their wages on time, the employee may be entitled to penalties. The penalties can range from $100 per day up to $4,000. There may also be additional penalties if the employer fails to provide accurate wage statements.

What Should I Do If I Believe My Employer Has Violated Wage And Hour Laws?

If you believe your employer has violated the wage and hour laws you can bring it up to your employer and see if they are willing to resolve the issue. You also have the option to reach out to a Los Angeles wage and hour attorney. You will want to have an attorney to help you file a complaint with the California Labor Commissioner’s Office or the U.S Department of Labor’s Wage & Hour Division.

Wage and hour violations refer to situations where an employer fails to pay their employees properly. Under federal and state law, employees are entitled to receive minimum wage and overtime pay, as well as meal and rest breaks. Employers who violate these laws may do so intentionally, or they may be unaware of the requirements.

Common examples of wage and hour violations include the following:

  • Failing to pay overtime
  • Denying meal and rest breaks
  • Not paying the minimum wage
  • Requiring employees to work off the clock
  • Misclassifying employees as exempt from overtime pay
  • Not reimbursing employees for expenses related to their work
  • Altering an employee’s timesheet
  • Failing to pay the final paycheck on time

If you believe your employer has violated your rights, it is essential to contact a wage and hour attorney as soon as possible.

Can A Supervisor Change The Hours On A Recorded Timecard?

In California, it is generally illegal for a supervisor or employer to change the hours on a recorded timecard without the employee’s knowledge or consent. This is because it is a violation of the state’s wage and hour laws, which require employers to keep accurate records of employees’ work hours and pay them for all hours worked. If your timecard has been changed without your knowledge you may want to seek legal advice.

Furthermore, employers must maintain complete and accurate records of their employees’ work hours in accordance with California law. These records must include the start and end times of each shift, meal and rest periods taken, and the total number of hours worked each day and week. Supervisors who alter employee timecards risk violating state labor laws and subjecting their employers to potential legal action.

It is also important to note that employees have the right to review their timecards and make sure that the recorded hours are accurate. If an employee notices any discrepancies or unauthorized changes to their timecard, they should report it to their employer immediately.

Overall, employers and supervisors should prioritize maintaining accurate timekeeping records to ensure that employees are fairly compensated for their work. Failure to do so can result in legal consequences for the employer, including fines and penalties.

Is Holiday Pay Mandatory In California?

In California, there is no state law that requires employers to provide holiday pay to their employees. This means that it is up to the employer to decide whether or not to offer holiday pay to their employees. However, if an employer does choose to offer holiday pay, they must comply with certain requirements. For example, if an employer offers paid holidays, they must provide the pay in accordance with the company’s policy or collective bargaining agreement. If an employee works on a holiday, they may also be entitled to receive additional pay or compensatory time off, depending on the employer’s policy.

Employers are required to pay non-exempt employees overtime pay for any hours worked over 40 hours in a workweek. Overtime pay must be at least one and a half times the employee’s regular rate of pay. Some employers try to avoid paying overtime by misclassifying employees as exempt or requiring them to work off the clock.

What Can I Do If I Am Asked To Work Before I’m Able To Clock In?

In California, it is generally illegal for an employer to require an employee to work before they are able to clock in. This is because it violates the state’s wage and hour laws, which require employers to pay employees for all hours worked, including any time spent working before clocking in. You should bring the issue up to HR or speak to an employment attorney.

How Can A Wage And Hour Attorney Help?

A wage and hour attorney can help you understand your rights as an employee and determine whether your employer has violated the law. If you have a case, your attorney can help you pursue legal action against your employer.

Here are some ways a wage and hour attorney can assist you:

  • Evaluate Your Claim: The first thing a wage and hour attorney will do is evaluate your claim. They will look at your pay stubs, timesheets, and other relevant documents to determine if your employer has violated any wage and hour laws.
  • File a Claim On Your Behalf: If your attorney believes you have a strong case, they will file a claim on your behalf. This claim will outline the specific violations your employer has committed and the damages you are seeking.
  • Negotiate a Settlement: In some cases, your attorney may be able to negotiate a settlement with your employer. This settlement will include a payment of the wages owed to you, as well as any damages you are entitled to under the law.
  • Represent You In Court: If a settlement cannot be reached, your attorney will represent you in court. They will argue your case and present evidence to support your claim.

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