Millions of workers in the United States experience wage and hour theft. Both federal law (the Fair Labor Standards Act, or FLSA) and state law (California Labor Code) establish wage and hour rights. Wage theft occurs when illegal acts cause employees to lose money in which they are entitled to.
Qualified workers in the United States are entitled to a minimum wage (determined by the federal government, California, and specific California counties) and time-and-a-half overtime compensation for any hours worked beyond 40 in a work week under federal and state law. Employers, on the other hand, frequently break these regulations in a variety of ways.
Employers commonly violate wage and hour regulations in six ways, according to a California employment lawyer. Keep reading to learn about those six ways and then contact PLBSH at (800) 435-7542 for a free legal consultation with an experienced attorney.
For starters, many businesses underpay overtime. Non-exempt employees are entitled to time-and-a-half pay under the FLSA and the California Labor Code for any hours worked beyond 40 in a week. If an employer fails to pay overtime, which must be 1.5 times the regular rate, including commissions and bonuses, they are breaking the law. This can be accomplished in a variety of ways, such as transferring hours to a different workweek to avoid paying overtime.
Being forced to work off the clock
Second, some firms do not compensate employees for working off-the-clock. If an employer expects you to work and benefits from your efforts, it must be factored into your normal pay and overtime. It is a violation if they require you to work before or after you clock in or out.
Tipped workers not making the minimum wage
Finally, tipped workers may not be paid the minimum wage. Employers who receive more than a particular amount in tips each month might be paid less than the minimum wage (as low as $2.13 per hour) under the FLSA. In California, both tipped and non-tipped employees are paid the same minimum wage. Employers who do not pay their employees receiving tips the tipped minimum wage — or the minimum wage — are breaking the law.
Illegal deductions from paychecks
Some firms remove money from an employee’s paycheck without their permission. Employers can deduct items like uniforms or tools from employee paychecks unless the deductions bring the worker’s hourly rate below the minimum wage. In this case, the deduction is illegal under wage and hour laws.
Despite the fact that employees are entitled to receive tips under federal and state law, some employees steal tips from their coworkers. Employers are never authorized to receive gratuities from tip pools, which are legal in some situations under the FLSA.
Being paid less than minimum wage
Despite the fact that the law specifies the minimum wage, some workers are nevertheless paid less than the federal government and the state of California require. When a person’s immigration status is in doubt or they are working “under the table,” this is done in a variety of ways. Certain firms may just pay employees less than the minimum wage in the hopes that they are unaware of the law. California’s minimum wage is between $14.00 and $15.00 currently. According to federal law, the minimum wage is $7.25 per hour.
Call now for a free legal consultation if your rights have been violated
You may have a claim against your employer if you believe they have broken the California Labor Code or the FLSA. An experienced employment lawyer in California can assess your situation and advise you on your options.
PLBSH is experienced in assisting employees in obtaining justice against employers who have treated them unfairly. We can help you with everything from pay and hour violations to workplace discrimination. To schedule a consultation with a California employment lawyer, call (800) 435-7542 or email firstname.lastname@example.org.