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Clark Law Group
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Issues Affecting Hourly Employees

At Clark Law Group we take wage and hour violations seriously. We know how much they impact your life.

We are here to help if your employer is not paying you fair wages or is violating labor laws designed to ensure that you and other employees are paid fairly and legally for your work.

Types of Wage & Hour Violations

California and Federal labor laws protect you and your fair compensation. We represent employees who suffer many types of work and pay violations. These are often referred to as "wage and hour" violations. Violations are listed below.

Off The Clock/Unpaid Overtime

Are you required to arrive early before the start of your scheduled shift? Do you have gather and load equipment prior to clocking in? Do you work "off the clock" to complete paperwork? Do you have to perform uncompensated work at home to complete your assigned tasks? If you have some portion of your work that is uncompensated, you are entitled to be paid for it.

California and Federal law requires employers to pay employees for all time worked. California law requires overtime to be paid to an employee who works more than 8 hours in a day or 40 hours in a week.

Unpaid or Underpaid Commissions

Did you do work that was supposed to include a guaranteed bonus but were never paid the bonus? Were you not allowed to collect earned commissions while you were on a probation? Did you leave an employer and never receive commissions earned while you were employed? Are you paid by commission but not primarily involved in selling a good or service? If you were not paid agreed commissions or piece rates for work you performed in addition to hourly wages, you may be entitled to unpaid wages and even penalties.

Unreimbursed Expenses

Are you required to use your personal cell phone or computer for work purposes? Are you required to purchase tools, supplies, or equipment for your job? Did you have to buy a uniform? If you were required to pay for any thing necessary for you to do your job, including deductions from your paycheck for necessary items, you may be entitled to reimbursement for your expenses. California law requires employers to reimburse employees for all expenses incurred due to work.

Illegal Wage Deductions

Have you ever dropped a dish and had your employer deduct the cost from your pay check? Does your employer deduct the cost of a uniform that you are required wear? Has your pay check been deducted for your cash drawer coming up short? If so, you may have a claim for an illegal wage deduction. Both state and federal law permit employers to make deductions only in very narrow circumstances.

Meal and Rest Breaks

  • Short, Late or Missed Meal Periods

Is work so busy you don't have time to take a meal break? Do you take less than a 30 meal period? Or perhaps you don't take a meal period until after you have worked 5 or more hours? If so, you may be entitled to an additional hour of pay

California law requires employers to provide employees with an unpaid 30 minute off duty meal period for shifts over 5 hours, as well as a second meal period for shifts over 10 hours.

  • On Duty Meal Periods

Do you have to eat and work at the same time and not get paid? Are you required to be available during your meal period, and forced to report a meal period? Were you required to sign an agreement to take "on duty meal periods as part of your employment? If so, you may be entitled to an additional hour of pay for every time that happened. California law only permits on-duty meal periods in very limited circumstances. Employers often abuse and improperly execute on-duty meal periods.

  • Late or Missed Rest Breaks

Do you take a break right before lunch? Do you only take one break if you work 8 hours? Does it get so busy at your job that you don't have the opportunity to take a rest break? Do you have a job where you can't close or stop working to take a rest break and no one is available to cover for you? If so, you may be entitled to an additional hour of pay for each day you did not get a proper rest break.

California law requires employers to provide employees with a 10-minute rest break for every four hours worked.

Misclassification

Many employers illegally try to save money by misclassifying workers. Below are two common ways employers take advantage of hard workers.

  • Independent Contractor/Employee Misclassification

The misclassification of employees as independent contractors is one of the most serious problems facing workers in today's economy. Misclassification intentionally excludes workers from the benefits and protections of California and Federal law.

You may be misclassified as an independent contractor if: You do not exercise direct control of the means and results of your work; You do not provide your own equipment and materials; Your work is part of the regular business of the alleged employer.

If you are misclassified as an independent contractor you may be entitled to receive minimum wages, overtime pay, and pay for meals and breaks.

  • Non-Exempt/Exempt Employee Misclassification

Employers often avoid paying overtime by misclassifying employees in salaried positions as exempt from overtime. However, only certain job duties and responsibilities qualify as exempt from overtime under California law. Common misclassified positions include IT and Computer Technology positions, Loan Consultants, Sales Representatives, Managers and Assistant managers, and Pharmaceutical Representatives. If you are misclassified, you may be entitled to back pay and penalties under California law.

Pay Check Violations

California requires that specific information be included on your paycheck stub, including gross wages earned, total hours worked, your hourly rate, the start and end date of the pay period, any commissions or piece rate additions, as well as when those commissions were earned and the amount of accrued sick leave.

If you cannot easily determine the information on your paycheck stub, then you may have a claim under California law for certain penalties for each improper wage statement.

Our attorneys will review your case carefully since the issues listed above and other wage disputes may be difficult to spot. Clark Law Group has the experience and resources to fully investigate the matter and to educate you about all of your legal options.

We are trial lawyers. We know how to effectively advocate for your rights and interests. We know how to properly and effectively use the legal system to get you and other workers like you the compensation you worked for and deserve.

Contact Us Today

Do not wait to discuss your concerns with us. We will listen to you and develop a plan of action. Schedule a free consultation with Clark Law Group by calling 619-908-1354/800-576-0633 or send us an email.

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