Burbank Wage and Hour Lawyer

Burbank Wage and Hour / Unpaid Overtime Attorney

People work to afford the goods and services that their families need. That makes jobs more than just a place to go every day but a necessity for survival. Employees are expected to meet certain obligations in the performance of their duties as outlined by their employer. Their employer is equally responsible for providing employees with fair and equitable compensation in a timely manner. In fact, these obligations by the employer are part of the California labor laws. If an employer fails to uphold their compensation requirements, employees could be left wondering what they can do. Fortunately, because of the law, employees are protected and have a legal right to obtain the compensation they are owed. For assistance with such matters, consulting a Burbank employment attorney in California can help you understand your rights and ensure you receive the compensation you deserve.

When your employer fails to pay you the correct wages within the time set forth by law, you should enlist the help of an experienced wage and compensation attorney. At the Law Offices of Miguel S. Ramirez, our knowledgeable and experienced attorneys can help you understand your options and recover the compensation you may be entitled to in Burbank, CA.

California Labor Codes

California labor laws 201-204 are set up to protect employees from any potential theft of wages as well as employers from employees who may seek to exploit them for additional money. The laws are as follows:

• Labor Code Section 201(a): If an employer terminates an employee, the employee must be compensated at the time of termination.
• Labor Code Section 202(a): With 72 hours or more of notification to an employer by an employee that they will be resigning from their position, the employer is obligated to provide any owed compensation on the employee’s final day. If notice is given under 72 hours, an employer must provide the compensation within 72 hours of the employee’s last day.
• Labor Code Section 203: Employers that fail to pay employees properly, or fail to pay a terminated employee, will pay a penalty equal to the employee’s daily rate per day up to 30 days. However, this also protects employers from employees who attempt to avoid payment in order to have additional fees added to their pay.
• Labor Code Section 204(a): Employers are required to pay their employees at least twice a month, with the first payment falling between the 1st and 10th of the month and the second falling between the 16th and 26th of the month.

Wage Theft in California

California overtime law protects your right to fair and accurate compensation, regardless of how your salary is structured. This includes regular wages, bonuses, overtime, and any sales commissions. Unjustified withholding of these funds by an employer, either knowingly or accidentally, is considered an act of wage theft and a breach of the agreement between the employer and the employee. Some examples of common wage theft include:

• Subsequent payment of wages at termination: It is illegal for an employer to fail to pay an employee’s owed wages at the time of termination. If an employee provides more than 72 hours’ notice for resignation, they are also owed full compensation.
• Off-the-clock and overtime wages: Additional pay for overtime work is a great incentive for many employees. However, when an employer fails to appropriately compensate an employee for those wages, they are breaking the law. Under California law, you are to be paid any earned overtime wages during the pay period immediately following the period in which the overtime work occurred. This also includes time spent working “off-the-clock,” such as being asked to run an errand for the company prior to the start of your shift.
• Commissions and bonuses: Many employers offer bonuses and commissions to incentivize employees in addition to regular wages. If your employer offers these, the structure of earning and payment should be outlined and provided to you at the time of hiring.

Breaches in the law concerning employee wages could carry large consequences for employers, including fines imposed by the state and civil claims filed by employees who seek to recover owed wages. Additional ways these penalties could impact an employer include:

• An employee was denied a bonus, despite being fully qualified for one.
• An employer withheld earned tips.
• An employee who typically has a break was required to work through that time.
• An employee was classified as an independent contractor incorrectly.
• There was money withheld from an employee’s check without cause.
• The time clock or paycheck information was falsified.
• There was a denial of the state or local minimum wage.

What You Can Do

Anyone who feels they may be a victim of wage theft should do the following:

• Talk to your employer: Start by bringing the problem to the attention of your employer. Not only could this correct the situation, but it would also help your employer understand how it occurred so they could implement the changes necessary to prevent a recurrence. Additionally, this helps all parties involved attempt to solve the matter without the additional cost of penalties or attorney fees.
• Collect evidence: Documentation is the key to any successful attempt at recovering lost wages. Collecting information such as pay stubs, time card records, W-2s, contracts, etc. can all be helpful in documenting the owed compensation and highlighting what was done incorrectly. If you speak with anyone, document whom you spoke with, the date, and the time. If possible, request a written confirmation of the conversation or follow up with a summary email that documents what was discussed.
• Act quickly: There is a statute of limitations on the recovery of lost wages, making it important to recover them as quickly as possible. Because the statute of limitations is two to four years, depending on the type of wage theft, you will want to seek the help of a trusted attorney to help you.
• File a claim: Following the guidance of your attorney, file a claim against your employer to attempt the recovery of wages you are owed.

How Burbank Employment Lawyers Can Help

Working with an attorney in Burbank, CA that specializes in employment law, you will attempt to recover the lost wages that you are owed. In addition, they can look for any mitigating circumstances that might also need to be addressed in court, such as wrongful termination, a hostile work environment, harassment in the workplace, or discrimination. California is a “right-to-work” state, which means that employees’ rights are a priority. The state recognizes that its infrastructure is dependent on its workforce and therefore does all it can to protect its workers.

Your attorney will investigate your employment. They will start by obtaining your employment records, contracts, and any other pertinent information that will help them understand the compensation agreements between you and your employer. On each paycheck, employers are required to provide information on:

• Taxes
• Retirement
• Deductions
• Insurance with holdings
• The number of hours worked
• Gross earnings
• Net earnings

This information must be retained for no less than three years and made available upon request. After obtaining and reviewing this information, your attorney will investigate for discriminatory or retaliatory incidents to understand if they are the root cause. From there, a claim can be filed to recover any compensation you may be owed.

FAQs About Burbank, CA Wage and Hour Law

Is the Seven Minute Rule Legal in California?

Employers in California may not always pay you the amount of time that you believe you are owed. This is often because many industries in California practice wage rounding that follows many federal laws. Under federal law, wages under seven minutes can be rounded down. You cannot file a claim in this situation.

What Is the Most Commonly Litigated Wage and Hour Violation?

Most often, employees that are incorrectly classified for overtime pay find that they experience the most violations. If an employee works more than 40 hours a week or 8 hours a day, they should be compensated for overtime pay. However, there are some classifications of employees that are not entitled to this, such as certain salaried employees.

How Much Does an Employment Lawyer Cost in California?

The circumstances of each claim vary and could impact the cost. However, on average, an employment attorney will cost between $98 and $450 per hour. This is often dependent on the number of years of experience or their level of expertise. Cost should be a question you ask during any initial consultation.

How Long Does a Wage Claim Take in California?

From the time a claim is filed until full resolution of disputed wages is reached, a wage claim could take between three and twelve months. It depends on the complexity of the case, the cooperation of both parties, and the schedule of the court. Your attorney can help you understand the timeline and what to expect at each stage of your case.