Culver City Wage and Hour Lawyer

Culver City Wage and Hour Attorney

California workers are protected by some of the most thorough employment laws in the country. While this should mean that workers should have little to worry about in regard to being treated fairly and being paid what they are owed, it sadly can often mean that employers fail to follow proper protocol, often out of a lack of understanding of the law but occasionally in defiance of it. For assistance, consult a Culver City employment law attorney who can provide the guidance and support needed to protect your rights and ensure you receive fair compensation.

One of the areas of law that can be most misunderstood is the wage and hour laws that apply to employees. It’s important for Culver City, CA employees to know their rights with regard to wages and hours and to make sure that they contact a quality employment lawyer, like the Law Offices of Miguel S. Ramirez, if they think that their rights haven’t been honored.

Wages and Overtime

Employees in California are required not only to be paid a minimum wage but also overtime, under certain conditions. California employees are required to receive overtime pay at:

• 1.5x their normal rate for
  • Any hours over 40 in a workweek
  • Any hours between eight and twelve for a single shift
  • Up to eight hours on a seventh day worked in a workweek
• 2x their normal rate for
  • Any hours beyond twelve in a single shift
  • Any hours beyond eight on a seventh day worked in a workweek

Breaks

Under the California Lunch Break Laws, employees are required to be given meals and rest breaks during their work shifts. Generally, they are due to receive one unpaid 30-minute meal break for every five hours worked and a paid 10-minute rest break for every four hours worked. If you work ten hours, you should be given a second unpaid 30-minute meal break. There are some exceptions to these requirements, though. If the nature of your job prevents you from vacating your duty, you may be given on-duty meal time if you sign a waiver. You may waive your meal break if your shift is six hours or less, and you may waive your second meal break if you work 12 hours or fewer on your shift and took your first meal break.

Misclassification

One of the most common ways that wage and labor laws are violated is through misclassification. California law exempts independent contractors and certain employees from wage and labor requirements. Frequently, employers will classify employees as belonging to one of these two categories, despite the nature of the job not meeting these qualifications, according to California law. If this happens, employees are due to receive compensation, such as unpaid overtime, pay for missed breaks, and interest.

FAQs About Culver City Wage and Hour Laws

When Is Overtime Due in Culver City?

For all workers who are non-exempt in Culver City, California, overtime pay is required in five different circumstances:

• Time-and-a-half pay for any hours between eight and twelve hours in a workday
• Double-time pay for hours beyond 12 in a workday
• Time-and-a-half pay for any hours beyond 40 in a single workweek
• Time-and-a-half pay for up to eight hours on a seventh consecutive work day in a week
• Double-time pay for any hours beyond eight on a seventh consecutive workday in a week

What Money Can I Get Back If I’ve Been Taken Advantage of by a Wage and Hour Violation?

The specifics of damages awarded in a wage and time violation case can depend on:

• The kind of violation
• Whether they were intentional on the part of your employer
• The frequency that you can prove that they occurred

You could be awarded:

• Unpaid wages from overtime
• Wages from missed breaks and meal times
• Interest
• Reasonable attorney fees

Additionally, there may possibly be penalties assessed against your employer.

When Would Wage and Hour Laws Not Apply to Me?

Generally, wage and hour law would apply to all California employees, unless they are classified under two categories:

1. Independent Contractors – California law’s definition of an independent contractor is more narrow than how the general public might think of the term. Violations occur if what should be considered employees are instead classified as independent contractors. It should also be noted that, just because a contract defines a worker as an independent contractor, it does not mean that they are one in the eyes of the law if they don’t fit the proper criteria.
2. Exempt Employees – These are generally employees in administrative, professional, and executive roles. They must fit California law’s description of an exempt employee, which considers the kind of work they do, if they regularly use their own judgment in their work, and if they meet a salary requirement.

What Happens If I’ve Been Misclassified?

Misclassifications are a fairly common occurrence, as it allows employers to avoid having to pay overtime and follow meal and rest break requirements. This does not mean that employers are always nefarious in their misclassification of employees. The law’s criteria can be fairly complex, and they may simply be unaware of their error. If you think that you’ve been misclassified, it’s important to have good records of when you should have been paid overtime or had certain breaks. Bring these to the attention of your employer, and make sure to keep copies for yourself. If they refuse to pay what you’re owed, the Law Offices of Miguel S. Ramirez may be able to help you get back what you’ve earned.