The Law Office of Mark C. Thomas, APC knows work disputes are becoming more common with the hard times this country has been facing. While it may be necessary for companies to cut back on their spending it is important to ensure that employment laws are still being followed. Our attorneys are proficient in wage and hour laws including overtime pay, minimum wage and commission disputes. We possess the knowledge, reputation and aggressive attitude that California employees need to recover lost wages that are rightfully theirs.
Wage and Hour Dispute Litigation
Employees work hard in order to earn their paychecks. One of the most disappointing feelings at the end of the week is receiving less money that you actually earned. Common work disputes that employees face include:
- Minimum wage
- Denial of meal and rest periods
- Failure to pay commissions
If you know you are not receiving the compensation that you should be getting it is important to get in touch with work compensation lawyers who are familiar with cases that are similar to your own. We pride ourselves on providing professional and aggressive representation for employees.
California Labor Laws protect the rights of California employees. A common misconception is that these laws only protect a certain category of workers. While there are some exceptions to this law, in general, California workers who work more than eight hours in a day or 40 hours a week have the right to receive overtime pay. This overtime pay is equal to one and a half times their regular pay of the day. If they have worked more than twelve hours in a day they should be receiving two times their regular pay. If they are working extra hours and are not receiving the compensation that they deserve it is important to work with employment litigation lawyers who understand intricate laws regarding wage and hour and salary compensation.
Do Not Get Misled
Our wage and hour lawyers have worked with employees who have been misled or uneducated by their employers. We have made it our job to educate these employees with the knowledge regarding employment laws that have changed their lives. The following are a few misconceptions that are common among California workers:
- “I am not paid by the hour therefore I am unable to receive overtime compensation.”
- “My pay is based on commission so hours don’t factor into the overtime.”
- “I am a manager. I am expected to stay in the office until all work is finished and everyone leaves for the day.”
- “Instead of overtime pay my company provides me with comp time, therefore I don’t qualify for overtime compensation.”
- “The only reason I am over 40 hours a week is because of travel time during work, I can only receive overtime for hours work at the actual office.”
These misconceptions have deterred employees from collecting the overtime compensation that is rightfully theirs. If you have a question about your eligibility for overtime compensation it is important to contact one of our wage and hour attorneys as soon as possible.
Employees are required to receive an uninterrupted meal period of not less than thirty (30) minutes during any work period of more than five (5) hours. When a work period of not more than six (6) hours will complete your day’s work, you may sign a waiver of the meal period. The failure to provide a legally compliant meal period entitles the employee to an additional hour of pay.
All employees who work a regular workday must be provided two (2) 10-minute rest breaks, where you are relieved of all duty, one (1) in approximately the middle of each half (½) shift. The failure to provide a legally compliant rest break entitles the employee to an additional hour of pay.
Commissioned employees are entitled to be paid their commissions. All California employees, including those who earn commissions, have the right to be paid for their work. Commissioned employees also have the right to be paid on time. And in some cases, they have the right to be paid overtime. If you are a commissioned employee who has been denied payment of a commission or have not been paid overtime, it is important to contact us as soon as possible.
Chances are if you are having a dispute about your salary at work you are not the only one. It is often a good idea to check with coworkers who may be going through the same predicament as you are. If you find out that this is that case, a good option for you would be to file a class action lawsuit. The benefit of employee class action lawsuits goes beyond power in numbers and proof. If your company is violating California employment laws to many employees a class action is a powerful tool to make the employer will stop its improper conduct.