Wage Dispute Attorney for Employers

Types of Wage and Hour Disputes

Our experienced employer defense attorneys for CA wage and hour claims assist employers in addressing a diverse range of wage and hour conflicts, which may include:

1. Mandating employees to be available ‘on-call’ without compensation.
2. Incorrectly categorizing employees to evade overtime pay, evade workers’ compensation, or neglect unemployment insurance coverage.
3. Withholding overtime remuneration.
4. Compelling employees to work ‘off-the-clock.’
5. Dealing with independent contractors.
6. Failing to provide adequate rest and meal breaks.
7. Violations of minimum wage standards.
8. Declining to provide severance pay.
9. Sanctioning illicit deductions from employee wages.
10. Demanding employees to cover business expenses or failing to reimburse necessary costs.
11. Refusing to honor bonus agreements outlined in contracts.
12. Denying entitlement to vacation pay.
13. Other illegal practices.

If your company faces allegations of any of the above, you should not hesitate to reach out to an experienced defense attorney for CA wage and hour claims. Our CA employment attorneys for employers will zealously defend your company.

Employers in California must comply with both federal and state wage and hour laws. The Fair Labor Standards Act (FLSA) is the primary federal legislation governing these matters. In California, all employees are entitled to a mandatory 30-minute unpaid meal break for every five hours worked, unless the shift is completed in six hours or less, and both the employee and employer mutually agree to waive it.

Furthermore, no California employee may work more than 10 hours in a day without a second 30-minute break, unless the shift is less than 12 hours, the first break was not waived, and both parties agree to waive the second break.

If your company faces a lawsuit related to wage and hour violations, please reach out to our defense attorney for CA wage and hour claims for assistance in safeguarding your business. A CA employer defense attorney for wage and hour claims can construct a string defense for your situation.

Learn more: Which Payroll Taxes Are Paid By Employers?

Minimum Wage Claim

It is common that employers do not know that many cities in California has a higher minimum wage than California state minimum wage rate. For example, as of January 1, 2023, all employers in California must pay a minimum wage of $15.50 per hour. However, the minimum wages in many cities are higher e.g., Los Angeles $16.78, San Diego $16.30, San Jose $17.00, Berkeley $18.07, West Hollywood $19.08. As of a result, many employers are being sued for minimum wage and overtime violations.

Additionally, in California, tipped employees may receive the same minimum wage as non-tipped workers, which differs from policies in some other states where tipped workers receive lower wages.

If you’re an employer facing a lawsuit related to minimum wage violations, reach out to a CA employer defense attorney for wage and hour claims.

Overtime Regulations

California’s overtime laws mandate that all employers must compensate employees for overtime work. Overtime is defined as any time worked beyond eight hours in a day or more than 40 hours in a week, with certain exceptions. Overtime wages must be one and a half times the regular wages for each hour worked beyond these limits. In cases where both state and federal laws apply to overtime, employers must adhere to the regulations that are most favorable to the employee.

Navigating wage and hour laws can be intricate, and disputes often arise from incorrect minimum wage payments or inadequate compensation for overtime hours. It is crucial for workers to be aware of their rights in situations like Robert’s. Furthermore, employees in such circumstances should promptly seek the advice of a wage dispute lawyer.

If, as an employer, your company faces a lawsuit related to overtime regulations, reach out to a defense attorney for CA wage and hour claims.

Employee Misclassification

On occasion, companies incorrectly categorize their employees in order to evade their legal obligations. This misclassification often leads to employees being deprived of the rights and benefits they are entitled to from their employers. Misclassified employees may lose out on:

• Overtime pay
• Meal and rest breaks
• Access to company-provided benefits
• Access to health and workers’ compensation insurance

Employers can misclassify workers in various ways, each resulting in different disadvantages for the employee. Here are the most common methods of employee misclassification:

1. Labeling employees as “independent contractors.”

Independent contractors are considered self-employed and receive payment through contract-based work. As such, they are not recognized as employees of a specific company and are not eligible for employee benefits. By designating workers as independent contractors, employers can avoid providing benefits, rest breaks, expense reimbursements, and meal breaks, ultimately saving the company money.

For instance, if Paul takes on a full-time writing position at Surfer magazine, he should receive health benefits. However, if the magazine mistakenly labels him as an independent contractor, they are not obligated to provide Paul with benefits.

2. Assigning an employee a managerial title.

Occasionally, employers assign titles like “assistant manager” or “manager” to their workers for their own benefit. Bestowing these titles can allow employers to bypass paying overtime and discourage the employee from taking meal or rest breaks.

While the titles of “manager” or “assistant manager” convey a certain level of authority, some employees may accept them without fully understanding the impact on their rights.

Rather than job titles, it is the actual job duties that determine whether a worker is exempt from or eligible for benefits. In California, for instance, managers must engage in specific job responsibilities that constitute 50% or more of their working time to be exempt from overtime pay.

These managerial duties may encompass:

• Regularly making managerial decisions
• Routinely exercising authority
• Supervising two or more employees on a regular basis
• Having input on personnel matters

Additionally, managers must earn at least twice the minimum wage on a monthly basis.

If an employer faces a claim of employee misclassification, he or she should reach out to a defense attorney for CA wage and hour claims.

Misclassifying Employees as Exempt

When an employee is classified as exempt, they typically receive a fixed salary instead of hourly wages. This categorization exempts them from receiving overtime pay. To legitimately classify workers as exempt, employers must adhere to specific criteria. Unfortunately, some employers may attempt to label employees as exempt in order to evade the legal rights entitled to non-exempt workers, which include:

• Providing overtime compensation
• Offering rest and meal breaks

If your company faces a lawsuit related to minimum wage violations, be sure to reach out to a CA employer defense attorney for wage and hour claims.