California Wage Dispute?Talk to Our San Diego Labor Employment Attorneys
Employers have the duty to pay their employees accurately and in a timely manner. This includes, but is not limited to:
If an employer fails to pay an employee in accordance with federal and state regulations, that employer may be subject to pay wages owed, interest, and penalties, including the payment of attorney’s fees and court costs.
Unpaid and Improperly Calculated Overtime Wages
Employers in California are generally required to pay a wage equal to one and one-half the employee’s regular rate of pay for any work that exceeds eight hours in one day or 40 hours in one work week. An employee is also usually entitled to double pay for any work that exceeds 12 hours in one day and for any work that exceeds eight hours on the seventh consecutive day worked in a single business week.
Overtime wages must be paid to all non-exempt employees, which consist of most hourly employees, as well as certain salaried employees. Exempt employees, which typically include executives, administrators and other professionals, are not required to receive overtime wages. Unfortunately, some employers intentionally misclassify employees as exempt workers in order to avoid paying overtime wages and other benefits.
Employers may also attempt to avoid paying overtime wages by telling employees that overtime pay is included in their salaries or by paying overtime in the form of a lump sum or a bonus payment. However, this is not generally permitted under California law and affected employees may bring claims against their employers for the recovery of unpaid wages.
Minimum Wage Violations
The minimum wage in California is normally higher than in other states, and as of January 2010 was $8.00 an hour. Employers who fail to pay employees minimum wage, even if the employee agrees to a lesser wage, may be liable for unpaid wages, as well as interest, penalties, and attorney’s fees.
Assisting Employees in Wage Disputes
If your employer has improperly withheld your wages, you should consult with our San Diego labor employment attorneys. Because lawsuits for unpaid wages can include payment of attorney’s fees, an employer may be held liable for paying for the attorney you retain. For further assistance with your wage dispute, contact a San Diego employment attorney at Pope, Berger & Williams, LLP today. |
