Wage & Overtime Violations Attorneys in Santa Ana
We Fight for Your Right to Fair & Just Compensation
You work hard to earn your wages to support yourself and your family. Day-in and day-out, you put in the hours and effort it takes to make your employer’s business possible. That’s why when you become a victim of a wage and overtime violation, you should react swiftly by seeking legal support for your claim.
Federal and state laws entitle you to a minimum wage and overtime pay when you work beyond a certain number of hours in a day or overall workweek. The Gould Law Firm can help you fight for your right to fair and just compensation if your employer is withholding your wages or has improperly calculated your pay. If you aren’t getting what you deserve, you can recover compensation such as backpay, lost wages, and other damages by working filing a lawsuit with help from our wage and overtime violations attorneys in Santa Ana.
Common Violations of Wage & Overtime Law
Minimum wage law is changing around the country, and a lot of the momentum is coming from a progressive raise in California. As of 2020, California’s minimum wage rose to $12 per hour and is set to keep rising, by law, until it reaches $15 per hour by 2022.
Whether you earn a minimum wage or something greater, if you are an exempt employee entitled to overtime pay. Such compensation is calculated at a rate of one-and-a-half times your normal rate for each hour worked beyond eight in a day or 40 in a workweek.
Despite these clear laws in place, there are many ways your employer can take advantage of you by withholding your pay or miscalculate your earnings.
These violations can appear as:
- Failing to pay at least minimum wage
- Failing to document overtime hours
- Failing to pay overtime hours at overtime rates
- Requiring “off the clock” work
- Misclassifying employees to avoid overtime compensation
- Failing to compensate workers for company expenses
- Failing to compensate employees for miles traveled for work
- Making improper deductions to an employee’s pay
- Failing to provide a final paycheck
- Failing to provide pay for unused paid personal time-off or sick leave
Independent Contractor Misclassification
Independent contractors are workers that a company may hire on a contractual basis to perform a specific job or duties for a period of time. Because such a worker is working under a contract, they are not full-fledged employees and entitled to overtime compensation. Dishonest employers may try to inappropriately apply the “independent contractor” classification to avoid paying overtime to people who should actually be considered employees.
Recent California law has provided an “ABC Test” to determine whether or not a worker is actually an independent contractor.
The following three criteria outline who is an independent contractor in California:
- The worker’s performance is not controlled or directed by the hiring entity
- The work being done is outside of the hiring company’s normal course of business
- The work being done has the same nature as the worker’s independently established occupation, trade, or business
A common way employers try to get away with misclassification is by giving employees titles like “manager,” “director,” or “executive” commonly associated with exempt employees without providing compensation or duties that legally make the position exempt.
In California, exempt employees must make a minimum monthly salary of no less than twice the state’s minimum wage for full-time employment. They must also be allowed to exercise discretion and independent judgment that requires them to evaluate the possibilities of making certain decisions and allowing them to make such decisions.
If you want to know more about how we may be able to support your claim, contact us online and ask how you can reserve a free consultation and meet with one of our attorneys to discuss your situation.
Choosing legal representation can be a hassle. Not all attorneys are the same, and it can be hard to know who is capable of helping you get the most out of holding your employer accountable. Because you are fighting to claim pay you deserve, you need to be sure that your wage and overtime violations attorney in Santa Ana has the experience and skill to help you win.
That said, many of these issues end up settling out of court. With strong legal representation from The Gould Law Firm, we can help you recover what you’re owed in a favorably negotiated settlement without ever stepping into a courtroom.