Carlsbad Wage and Hour Lawyer

Carlsbad Wage and Hour Attorney

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.

Understanding Unpaid Wages and Salary

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.

Common Wage and Salary Legal Conflicts

• Unpaid overtime: Sometimes, employers are found neglecting their obligation to pay more to any of their employees who work beyond their standard schedule. This is illegal and is grounds to pursue a claim against the employer.
• Misclassification: Sometimes, an employee is wrongly classified as an “exempt” employee, meaning their job is salary-based or classified as independent contracting when they really should be classified as an hourly employee. This incorrect classification could deny an employee access to certain rights and benefits, like overtime, that they are entitled to.
• Minimum wage violation: The minimum wage in California is $15.50. Any employer who is found paying under this amount could be subject to legal penalties.
• Withholding final paychecks: When an employee leaves a job or is fired, some employers may intentionally delay sending their final check or withhold it completely. An attorney can investigate why this is happening and if there is a legal case to pursue against the employer.
• Unequal pay for equal work: Paying employees different salaries or wages for the same job role can be a criminal offense. This is especially true if there is a pattern of discrimination at play against a certain gender, race, or other protected class.
• Failure to provide rest or meal breaks: There are certain protections in place to ensure that employees are not overexerting themselves at work and damaging their well-being. Offering various rest and meal breaks is one of these preventative measures. If an employer is explicitly not allowing these to happen under their watch, it could warrant an employment law violation.
• Unpaid vacation and sick leave: Employers are required to communicate their policies on vacation and sick time when an individual agrees to their terms of employment. If there is any evidence that an employer has not complied with the rules set forth in these agreements, it can be a source of contention that could warrant legal action.

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.

FAQs About Carlsbad, CA Wage, and Hour Laws

Is It Illegal to Not Pay Overtime?

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.

What Can Workers Do When Wages, Hours, and Conditions Are Bad?

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.

What Are the Laws Around Salary Employees?

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.

What Is Wage Theft?

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.

Contact The Law Office of Frank S. Clowney III Today

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.