Common Wage and Hour Violations Every Employee Should Know About

Navigating the complexities of wage and hour laws can be daunting for many employees. Unfortunately, violations in this area are common, and understanding your rights is crucial. At Azadian Law Group, PC, our dedicated team is here to help you recognize and fight against these infringements. Our dedicated wage and hour lawyers in Los Angeles are committed to ensuring you receive the compensation and justice you deserve. Below are some common wage and hour violations every employee should know.

Some Of The Most Common Wage And Hour Violations

1. Unpaid Overtime

Under both California and federal law, non-exempt employees are entitled to overtime pay at one and a half times their regular rate for all hours worked over eight in a day or 40 in a week. Double time is required for hours worked over 12 in a day or over eight on the seventh consecutive day of work. However, some employers try to bypass these regulations by misclassifying employees as exempt from overtime or failing to record all hours worked. This can lead to significant losses in wages for employees.

2. Misclassification of Employees

Employers sometimes misclassify employees as independent contractors to avoid paying benefits, overtime, and other legal protections. Independent contractors are not entitled to the same wage and hour protections as employees. Additionally, employers may improperly classify employees as exempt from overtime by giving them managerial titles without giving them managerial duties. Misclassification can strip workers of their rights to overtime pay, meal and rest breaks, and other benefits.

3. Failure to Provide Meal and Rest Breaks

California labor laws mandate that employees receive a 30-minute meal break for every five hours and a 10-minute rest break for every four hours. These breaks must be duty-free, meaning the employee is completely relieved of all work duties. If an employer fails to provide these breaks, they must compensate the employee with one additional hour of pay for each day a meal or rest break is not provided. Many employers fail to adhere to these regulations, forcing employees to work through their breaks without compensation.

4. Off-the-Clock Work

Employers may require employees to perform tasks before clocking in or after clocking out, such as setting up equipment, preparing for a shift, or cleaning up after hours. This off-the-clock work is illegal and should be compensated. Employers might also pressure employees to work through their lunch breaks or respond to work-related calls and emails outside of paid hours, leading to unpaid labor.

5. Minimum Wage Violations

California’s minimum wage is higher than the federal minimum wage, and the local minimum wage in Los Angeles can be even higher. Employers are required to pay at least this minimum rate. Paying employees below the required minimum wage directly violates the law. Some employers may attempt to circumvent these laws by misclassifying employees, deducting illegal expenses from paychecks, or manipulating time records to show fewer hours worked.

6. Improper Deductions

Unauthorized deductions from wages for items such as uniforms, cash register shortages, or property damage are illegal. Employers are only allowed to make deductions required by law (such as taxes) or voluntarily authorized by the employee for a valid purpose (such as health insurance premiums). Any deduction that reduces an employee’s pay below the minimum wage is especially problematic and unlawful.

7. Failure to Pay on Time

California law stipulates that employees must be paid at least twice a month, with specific deadlines for payment. Late payments can cause significant financial hardship for employees who rely on their wages for living expenses. Failing to pay wages on time, including final wages upon termination of employment, violates labor laws. Employees who do not receive their wages on time may be entitled to penalties in addition to their unpaid wages.

8. Inaccurate Wage Statements

Employers must provide itemized wage statements that include all hours worked, the applicable hourly rates, and the total earnings for the pay period. These statements must also include other critical information, such as the employee’s name, the employer’s name and address, and all deductions. Inaccurate or misleading wage statements can obscure wage theft and other violations, making it difficult for employees to verify that they are being paid correctly.

9. Retaliation for Reporting Violations

It is illegal for employers to retaliate against employees who report wage and hour violations. Retaliation can include termination, demotion, reduced hours, negative performance reviews, or any other adverse action taken because an employee exercised their legal rights. Employees should feel safe reporting violations and seeking the compensation they are owed without fear of losing their jobs or facing other repercussions.

Contact Azadian Law Group, PC

If you believe your employer has violated wage and hour laws, seeking legal advice is essential. The Azadian Law Group, PC team is experienced in handling these cases and can help you navigate the legal process. Don’t let wage and hour violations go unchallenged. Contact Azadian Law Group, PC, to schedule a free consultation. Our skilled attorneys will provide you with the guidance and representation needed to protect your rights and secure fair compensation.