Are You Being Paid Accurately For Your Time At Work?

California has many rules and regulations relating to wages, overtime and breaks during the workday. Not all apply to every employee. In many instances, employers seek to get around overtime or other wage requirements by paying cash or offering other incentives. In most instances, such devices are illegal and entitle the employee to substantial benefits. Attorney Ronald D. Wilton at Wilton Law & Mediation is willing to help you understand how the laws are applied to your situation and to evaluate whether a wage/hour violation has occurred. Note the citizenship of the employee does not factor into most wage and hour violations. All employees, regardless of documentation, are entitled to the same protections under the law. Below are some common definitions and rules:

Exempt Employees

  • Do not qualify for overtime.
  • Are paid a salary.
  • Perform higher-level job duties that are classified as having to be completed by an exempt employee.

Nonexempt Employees

  • Qualify for overtime pay if the employee works beyond his or her normal schedule, in most cases over 40 hours per week.
  • Are paid an hourly wage.
  • Do not perform duties that are supposed to be completed by an exempt employee.

Meals And Break Requirements

In the majority of cases, employers are required to provide their employees with a minimum 30-minute meal period during the first five hours of their time at work, and an additional 30-minute meal period if the employee works more than 10 hours.  Additionally, employers must also offer their employees a break of at least 10 minutes during every four hours of work, preferably around the halfway period.

What Constitutes A Wage And Hour Violation?

There are many instances where a wage and hour issue can occur. For example, if someone is classified as an exempt employee and he or she is spending more time performing the same tasks as non-exempt employees, this would be a misclassification entitling the employee to overtime compensation.

Should the employer require an employee to be on-call when off work, or to bring work home beyond the normal workday, the failure to compensate correctly for this violates the wage/hour laws. An employer's failure to provide lawful meal periods is a very common wage/hour violation.

Call Now To Understand Your Rights

If you suspect that you are not being paid what you deserve, are not receiving the meal periods you are entitled to have, are not receiving overtime because of cash payments or misclassification,, it is important you speak to an attorney so you can understand your options. Call Wilton Law & Mediation at 818-906-3500 or contact us online to make an appointment to discuss your rights.