Fighting To Get You The Compensation You Have Rightly Earned
It is essential that you be paid for every minute you spend working. However, some employers have allowed employees to go unpaid, not giving them their commission, overtime pay or required pay for certain meal and rest breaks. If you are missing pay in one of these or another situation, it is time to talk to a lawyer.
Our attorneys, James R. Kristy and Kurt Kananen, are dedicated to helping our clients get the money they are owed by their employers. From Kristy & Kananen in the Los Angeles area, we represent employees throughout the state who are being slighted. We do not back down from a fight, especially when your livelihood is at stake.
If you suspect your employer has violated California labor laws, talk to us today. We will examine the specifics of your case and offer discreet and strategic options for pursuing potential action. Call 888-473-0934 or send an email today to start your consultation.
This Is The Most Commonly Litigated Wage And Hour Violation In California
Overtime violations and employee misclassification are the most litigated employment issues in California. Hardworking Californians can miss out on hard-earned pay due to employer negligence.
Some employers classify employees as “exempt” to avoid paying overtime taxes. They are violating a fundamental protection for hourly workers. When companies fail to track or compensate overtime hours, they are depriving employees of essential income.
California’s wage and hour laws are particularly stringent compared to federal standards. They mandate overtime wages at 1.5 times the regular rate for hours worked beyond eight in a single day or 40 in a week. Workers also earn double time for hours exceeding 12 in a workday. Despite these clear rules, many employers continue to violate these protections.
If you suspect you are not receiving the correct pay for overtime in Long Beach, then you are being taken advantage of. Warning signs include:
- Being told you are not eligible for overtime wages despite working well beyond standard hours
- Having your position labeled as “managerial” or “administrative” without matching duties
- Being pressured to work off the clock
- Finding discrepancies between hours worked and hours paid
These are not minor errors; they are violations of your rights under California’s employment contracts and labor laws. Attempting to resolve such matters independently can be challenging, and confronting an employer without support often proves ineffective. This is where employment lawyers play a critical role.
When it is time for legal action, you need a firm legal team. We are prepared to hold them accountable. With experience in how businesses handle payroll disputes, we help ensure your claim is pursued thoroughly.
Our skilled employment lawyers understand how to document violations, calculate proper compensation and build compelling cases that counter employer defenses. We can also determine whether your situation warrants individual legal action or potentially reveals systemic issues affecting multiple employees.
Whether it involves unpaid overtime wages or a misclassification issue, we work diligently to recover the compensation you are owed. Relying on online guidance or expecting an employer to correct the problem voluntarily rarely succeeds and may weaken your position. Instead, allow us to manage the process fully and effectively on your behalf.
How Can I Determine If My Employer Has Violated California Wage And Hour Laws?
Many California employees are unsure whether their pay concerns rise to the level of a legal violation. But there are several red flags that could point to a serious problem. That’s why it’s always worth reviewing your case with a law firm that understands wage disputes.
The first thing to look at is your paycheck. Do the numbers match the hours you’ve actually worked? Are promised bonuses or overtime payments “pending” with no timeline for when they’ll be paid? These are common signs that you may be facing an issue with unpaid wages.
Another common scenario involves misclassification. If your employer has labeled you as an independent contractor, you may have been misclassified if you:
- Report to a manager
- Work regular hours
- Perform core functions of the business
Misclassifying full-time employees can be a way for employers to avoid paying overtime, providing benefits or following accurate record requirements under California law.
Other warning signs to look out for include:
- Being denied rest or meal breaks
- Being asked to work off the clock
- Being told you’ll be paid “later” for extra time worked
- Pay being withheld due to performance or mistakes
- A history of minimum wage claim violations at your workplace
California’s Division of Labor Standards Enforcement investigates wage and hour violations and helps enforce employee rights. But enforcement starts with awareness. It’s not always easy to know whether your situation qualifies. Even if you’re unsure, a short conversation with an attorney could make all the difference. You may have more options than you realize.
An employment lawyer from our firm can help evaluate potential wage and hour claims, document violations and guide clients through the hearing officer process if needed. From break violation disputes to complex contractor misclassification, we can determine if your employer has failed to follow the law – and if so, what remedies may be available to you.
Don’t wait to find out your rights after it’s too late. If you suspect a violation, we’re here to help you take action confidently and effectively.
Unpaid Overtime And Meal/Rest Break Cases
When you work overtime, you are to be paid for it. Some employers, however, will simply avoid paying for that time. That is a breach of the law, and the employer needs to be held responsible. This is also the case for meal or rest breaks when the employer insists they are unpaid. Employers are required to pay for meal and rest breaks after a certain number of hours worked.
Misclassified Employees
In some cases, an employee may be misclassified. This means that they are classified as an exempt employee (salaried) when they should be classified as a nonexempt (hourly) employee. Employers may misclassify employees in order to get around having to pay overtime. However, this is illegal, and employees must be paid for the time they work. We can investigate your situation and determine if you have been misclassified. If so, we can take action to see that you are properly classified and obtain the overtime pay to which you are entitled.
How Do I File A Wage Claim In California?
Suppose you believe your employer has committed a minimum wage violation, withheld overtime or engaged in any other unfair business practice. In that case, you can file a wage claim with the California Labor Commissioner’s Office. Follow these steps to initiate the process:
Collect comprehensive details about your employer, including name, address and contact information.
This information can typically be found on pay stubs, employment contracts or workplace postings. If such documents are unavailable, note identifiable details such as the employer’s vehicle license plate number. Additionally, document the names and contact information of supervisors or managers who may be responsible for unpaid wages or other labor law violations.
Keep a detailed log of your work hours, noting each shift’s start and end times, as well as any meal or rest breaks taken.
This record is crucial if your employer fails to provide accurate wage statements. It substantiates your claim for unpaid hours or other discrepancies.
Retain all pay stubs and wage statements provided by your employer.
These documents should itemize your earnings, deductions and accrued benefits. They serve as vital evidence in establishing any minimum wage violations, unpaid wages or other employment law infractions.
Obtain the appropriate wage claim form from the California Department of Industrial Relations website or a local Labor Commissioner’s Office.
Accurately fill out the form, providing all requested information and attaching copies of your supporting documents. Submit the completed form and attachments by mail or in person to the nearest Labor Commissioner’s Office.
After filing your claim, you will be scheduled for a settlement conference with a deputy labor commissioner. Both you and your employer will have the opportunity to present your positions. The goal is to reach an amicable resolution without proceeding to a formal hearing.
If a settlement is not achieved, a formal hearing will be scheduled. During this hearing, both parties can present evidence and testimony under oath.
It is imperative to organize all relevant documents and, if necessary, seek legal representation to present your case effectively.
After the hearing, the labor commissioner will issue an Order, Decision or Award (ODA). If the decision is in your favor and the employer does not comply with the ODA, you may need to take further legal action to enforce the judgment. Our wage and hour lawyers can help you address unfair business practices.
Learn More About Wage And Hour Cases
If you believe you have a case or there are several employees at your company in the same situation, we can consult with you to determine the best way to proceed. To schedule your free initial consultation, call our firm at 888-473-0934 or contact our office online.