Every workplace is subject to its employees’ questions and uncertainties about their compensation. Whether it’s being denied sick leave or raising concerns about overtime, many employees find that their employers neglect to properly compensate them. For anyone in Carlsbad, CA facing such issues, a Carlsbad wage and hour lawyer can help demystify any topic under employment law and work to ensure all employees are being treated fairly.
Frank S. Clowney III has over 40 years of experience providing California residents with the legal care needed to protect them from predatory employers. When you are the victim of illegal wage and hour practices, he can help ensure you get what you deserve.
In its simplest form, the concept of employment is just a transaction. It’s when a worker agrees to offer their services in exchange for compensation. This compensation will either be classified as a wage or salary. A wage is an hourly payment that will vary based on how much time an individual spends performing their job.
On the other hand, a salary is a fixed annual amount of money that the employer agrees to pay the employee without tracking their every hour worked. Because of this, employees who collect a salary are unable to get paid for overtime like their colleagues who are paid by the hour.
These are just a sample of what can seem like a never-ending list of potential wage and salary conflicts in the workplace. To be sure your experience falls under this category, connect with an employment lawyer as soon as possible to begin a formal review of your suspicions.
A: Yes, it is illegal to not pay someone their new hourly wage after working a standard 40-hour workweek. The Fair Labor Standards Act mandates this by stating that all qualifying workers should receive one and a half times their regular rate for any hours worked beyond their set schedule.
In some cases, employees may be exempt from these provisions due to their specific job duties or salary. Hiring an employment attorney can help provide clarity to any instances where an employer has denied overtime pay by investigating and determining if their behavior is just or illegal.
A: There are many different avenues of recourse an employee can take if they feel their basic employment rights are being violated. First, most company’s HR departments are positioned to discuss employment concerns and file an official complaint with the Department of Labor if needed.
If the employee is not comfortable approaching someone directly at their place of employment, consulting with a wage and hour attorney can provide the same level of support without the fear of retaliation.
A: Salary employees, otherwise known as “exempt,” have different rules based on the nature of their pay structure. These employees typically receive a consistent paycheck regardless of how many actual hours were done during the week. Yes, this is even true if they put in overtime.
Employers in California must pay these individuals at least twice the minimum wage based on a 40-hour work week, which currently sits at $15.50 an hour. The rest of their rights and benefits are governed by both their employee contract and applicable state laws, such as entitlements to sick leave, on-the-job breaks, etc.
A: Wage theft constitutes situations where an employer has chosen to illegally withhold certain wages from an employee. This can include refusing to pay someone for overtime, denying them at least minimum wage, taking illegal deductions, or even just not paying the employee for all the hours they worked.
Anyone who suspects this is happening should immediately begin to document all of their worked hours and pay. When consulting with a wage and hour lawyer, this will be a critical piece of information used to compare to the employer’s records and assess if they engaged in criminal behavior or not.
If you are working for a California employer and have concerns that they are violating a wage and hour law, do not hesitate to contact our wage attorneys today. For years, we have been addressing many different employment law claims on behalf of employees in California. We are committed every day to protecting the rights of these workers and would be honored to continue our work by helping to resolve your employment disputes with speed and efficiency.