Employees Must be Paid for ALL the work they do; Employers Need to Comply with Wage Laws to Minimize Their Liability.
In the current hostile economic climate, wage law violations under California state law or under the federal Fair Labor Standards Act (FLSA) are becoming more and more common. Despite these conditions, employees deserve to be properly paid, and employers need to provide all pay due in order to minimize their liability for wage law violations. The variety of common wage law violations involve:
- Overtime Pay; pay at time and a half (or double time) an employee’s regular hourly rate of pay must be provided for hours worked above eight hours per day or forty hours per week. LEARN MORE
- Off-the-Clock Time; employees cannot perform tasks prior to or following paid work shifts without being paid for such time. LEARN MORE
- Minimum Wages; employees must be provided at least the federal and state minimum wage rates for all hours worked. LEARN MORE
- Meal and Rest Periods; under CA wage law, at least 30 minutes of unpaid, uninterrupted time must be provided for meal periods, and 10 minutes of paid rest period time must be provided for each four hours worked. LEARN MORE
- Labor Commissioner claims; individual employees can file wage claims with the CA Labor Commissioner without having to go to Court. LEARN MORE
- Exempt Misclassifications; employees can be classified as ‘exempt’ from overtime pay, but only if they meet both the ‘duties’ test and the ‘salary’ test. LEARN MORE
- Prevailing Wages; Contractors and sub-contractors on any construction project which involves federal or state funds must pay prevailing wage rates, which are typically higher that employees’ regular hourly rates of pay. LEARN MORE
Individual Claims versus Class Actions
Any of the above listed wage law subjects/violations can involve a single employee, groups of employees, or entire classes of employees who are subject to the same or similar work conditions resulting in the same or similar state or federal wage law violations. Single employee claims are commonly filed with the California Labor Commissioner under an expedited process leading to an administrative hearing. Groups of employees are typically covered under traditional civil actions in California Superior Courts or federal District Courts. Class action litigation is complicated, and takes much longer, but can result is far greater liability for the employer. For more information on whether you may qualify for a class action, click here.
CONTACT US if you have Any Questions
If you are an employee or an employer with any federal or state wage law questions or issues, CONTACT US. Gary G. Goyette, the lead attorney of Goyette & Associates’ Wage and Hour division is an indisputable expert on CA wage law and the federal Fair Labor Standards Act (FLSA). Gary has represented employees and employers in hundreds of wage related matters, from single employee Labor Commissioner claims, to groups of employees to class actions covering over 40,000 class members.
For a list of G&A’s wage and hour class action cases and successes, click here.
If you believe that you have a Wage and Hour law suit or case, or if you believe you may be part of a class or group of individuals with a wage and hour case – – OR IF you are an employer facing any such potential wage claims – – CONTACT OUR WAGE AND HOUR LAWYERS. We understand that every situation is unique and are pleased to offer you a complimentary consultation.