Wage and Hour & Pay Equity

California has some of, if not the, strictest wage and hour laws in the nation. It is extremely easy for an organization to inadvertently run afoul of the complex and nuanced regulations. This is particularly true for hourly (non-exempt) employees and for commissioned employees. It affects all industries. This includes things like misclassification of exempt and non-exempt status, misclassification of employee v. independent contractor, failing to properly provide meal and rest breaks and any associated penalties, failing to properly calculate the regular rate for overtime purposes, proper payroll periods and pay cycles, timekeeping, final pay issues, and the like. These violations – willful or otherwise – are often extremely expensive and the legal costs and fines often outweigh the underlying value of the violation itself. A seemingly simple payroll error can cost thousands or even hundreds of thousands of dollars, particularly if there is a class action/collective claim and/or a Private Attorney General Act (PAGA) claim. For small businesses, there are also some “cures” that can take place for PAGA claims to reduce costs. 

Bottom line: your organization doesn’t want to have to fight these very expensive, time-consuming wage and hour claims and misclassification claims. Better to be proactive. In either case, Michael Trust Law can help.

Contact Michael Trust Law, APC today to discuss these claims.

Pay Equity is a hot topic. Federally, the Equal Pay Act, and in California, the California Equal Pay Act have specific requirements around gender and pay. More and more lawsuits are being filed about pay equity, particularly because of state laws (including California) that require transparency around pay in job postings/advertisements. An audit of your pay practices can go a long way to rectify these issues, if any recommendations are implemented. If you’re sued, let us help you navigate this issue. And, the federal government and California require pay data reporting in many cases, which may expose personal and private data. This data is published and can be used to start legal action, either by the government agency, or by your employees.

Contact Michael Trust Law today to discuss your specific situation and how we can partner with your organization to help you avoid and defend against these types of issues.