Wage and Overtime Claims
Someone who gets up and goes to work every day should be fairly compensated for their time. Although there are federal and state laws that are intended to make sure that this happens, sometimes an employer disregards laws pertaining to minimum wage, overtime, or rest breaks. This means that they may need to enlist an employment lawyer who can protect their rights. If you believe that you have been cheated by your employer’s failure to abide by wage and overtime laws, the dedicated Orange County wage law attorneys at Howard Law, P.C., will be glad to explain the applicable laws and help you determine whether you may have a claim against your employer.
Under the federal Fair Labor Standards Act (FLSA), employees are guaranteed a minimum wage, paid in cash or something readily converted into cash or another legal form of compensation. If an employee is paid mostly in tips, and those tips do not add up to the federal or state minimum wage, the employer is obligated to make up the difference. FLSA also provides for overtime pay for most employees who work more than 40 hours per week. Any work over the first 40 hours is to be paid at 1½ times the employee’s normal rate. However, some employees, such as live-in domestic workers and farm employees, are exempt from overtime laws.Pursuing a Wage or Overtime Claim
Sometimes an employer attempts to circumvent FLSA or another wage or overtime law by misclassifying an employee as exempt or paying an employee an occasional “bonus,” rather than the overtime pay that they should actually receive. An employer may also attempt to classify an employee as an independent contractor when they are actually a regular employee covered under state and federal labor laws. In fact, sometimes such practices – as well as some employers’ consistent refusal to allow employees the meal or rest breaks to which they are entitled - are so prevalent that a large group of employees may join together in a class action lawsuit to assert their right to fair wages under the law.
If a class action lawsuit is not appropriate, individual workers may have other remedies through which they may seek compensation for an employer’s violation of state or federal wage and overtime rules. Such rights must be asserted within the time allotted under the law, however, so it is important to contact a wage law lawyer who is familiar with the applicable statutes and regulations and can help investigate your case and file a formal claim with the appropriate court or agency. Failing to take legal action within the statute of limitations may result in the dismissal of the worker’s case, even if the employer clearly violated the law.Contact a Knowledgeable Wage Law Attorney in Orange County
If you believe that you have been treated unfairly and may have a wage or overtime claim against your employer, the experienced legal professionals at Howard Law, P.C., will be glad to schedule a complimentary case evaluation to discuss your concerns. Call us at (800) 872-5925 or contact us online to set up an appointment to discuss your case with an Orange County wage law lawyer. We represent employees in Anaheim, Santa Ana, Los Angeles, San Diego, San Bernardino, Long Beach, Pomona, and Riverside, as well as other cities in Orange, Los Angeles, San Diego, San Bernardino, and Riverside Counties. We also can assist people who need a wrongful termination attorney and handle other types of employment law cases, including sexual harassment, retaliation, discrimination, and breach of contract.