San Gabriel Wage and Hour Disputes Attorney
Demanding the Wages and Rights Due to You
Under state and federal law, employers are required to comply with wage, overtime, break time, and employee classification requirements. Employers who do not allow employees to take paid breaks, eat lunch, or don't pay overtime for work outside of a normal 40 hour work week can be held liable for damages when doing so violates the Fair Standards Labor Act (FSLA), the California Fair Employment and Housing Act (FEHA), or the California Labor Code. In California, employees can now bring legal action against employers to collect fines for labor code violations that would have formally been collected by California's Labor and Workforce Development Agency (LWDA). Now, under the Private Attorneys General Act (PAGA), employees can recover a portion of these fines for themselves and other workers affected by the labor code violations in question.
At the Law Offices of Scott Warmuth, our attorneys represent employees in cases involved labor law violations. This area of the law can be very technical and difficult to understand, especially when there are state and federal issues that must be taken into consideration. Just because your employer says you don't have a case doesn't mean labor law violations haven't taken place. To discuss your case, contact San Gabriel wage and hour disputes attorneys at the Law Offices of Scott Warmuth.
Issues Surrounding Exempt and Non-Exempt Classifications
In essence, the classification of "exempt" or "non-exempt" refers to whether or not an employee is entitled to overtime pay under the terms of California's Labor Code or the FSLA. Exemptions vary, however, by the kind of work performed. Traditionally, if an employee must use creative discretion in making independent judgments in his or her job or can bind the company contractually, the job in question is considered exempt from overtime requirements.
There are, however, a number of issues that must be considered. In today's economy where layoffs are common and job responsibilities combined, part of an employee's job may be non-exempt, part of it exempt. In other situations, an employee who may be non-exempt may be asked to perform work that was previously performed by an exempt employee. As a result, an employer may refuse paying a non-exempt employee overtime or intimidate them into working off the clock under threat of dismissal for failing to meet deadlines. Our attorneys can review your situation and determine what the law requires.
Contractors, Freelancers, and Wage and Hour Law
More and more employers are using contract workers and freelancers to perform work that had once been reserved for full-time company employees. Over time, however, contractors and freelancers may be asked to work a certain amount of time in the building, attend meetings, guarantee availability, or perform work full-time employees should be responsible for. When these kinds of things happen, the line between contractor and full-time company employee can blur. In some cases, contractors and freelancers may be, for all practical purposes, company employees. If you are a contractor and are being asked to take on more work and responsibility that was formerly reserved for full-time employees, you may have grounds for a lawsuit.
Contact San Gabriel Wage and Hour Disputes Attorneys
Wage and hour disputes involve a number of legal issues that require the advice and counsel of an attorney. If you believe you have been denied overtime or the wages and breaks due to you, contact San Gabriel, California wage and hour disputes lawyers at the Law Offices of Scott Warmuth today.
