Wage & Hour

You’re not alone. Wage theft, misclassification, and unpaid overtime are some examples that are all too common in California.

California has strong protections for employee wages. Protections are found at the federal level under the Fair Labor Standards Act (FLSA), and in the California Labor Code. 

Examples include

• Being required to work off the clock
• Not being paid minimum wage
• Not being provided with required meal and rest periods, including the full time of the meal and rest periods, (note that employees in the motion picture industry, broadcasting industry, security officers, commercial drivers, wholesale banking industry, construction and related occupations, and electrical, gas, our public utility companies are exempt from the meal period laws if the employee is a member of a union in one of these organizations) 
• Misclassification of your job as an independent contractor to avoid overtime or minimum wage payments
• Not paying overtime
• Not being paid overtime at the correct rate
• Misclassification as an exempt (sometimes erroneously called “salaried” or “salary”)      employee rather than as a non-exempt (hourly) employee
• Not being timely paid your final wages due at separation from employment
• Not being paid out your accrued vacation or paid time off accrued time upon termination, etc.

There are also penalties for failure to pay wages on time, which are basically late fees and/or late fees and penalties for a failure to pay regular wages on time. There is an exception for overtime wages. 

There are special rules for commission payments.

Unfortunately, incorrect wage payments are not uncommon. 

Don’t let your employer wrongfully manage your pay!! 

At Michael Trust Law, APC, we’re here to hold employers accountable and seek the pay you’re owed!!

But until you discuss the specific facts of your situation with an employment attorney, you won’t know if you have a case. If you have not been paid, or not been paid correctly, or timely, contact us for a consultation. 

Contact Michael Trust Law, APC today to discuss your situation.