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Understanding Wage And Hour Disputes

Wage and hour disputes come in many forms. Sometimes, employers do not understand their legal obligations under California’s complex wage and hour regulations. At other times, unscrupulous companies take advantage of employees by refusing to pay the proper wages rightfully earned.

Aggrieved employees regularly contact Mr. Rudolph.  Employers also count on employment law attorneys to protect their interests, and attorney Richard B. Rudolph has more than 30 years of experience handling these matters here in Southern California, effectively navigating the legal system and aggressively protecting the financial well-being of his clients.

These wage and hour violations can entitle employees to collect significant penalties against their employers. You may be entitled to recover unpaid wages, bonuses, vacation pay, interest, penalties and attorney’s fees.

Common Examples We See

The advent of app-based gig employment (such as Uber drivers), remote work arrangements and flexible work hours has blurred the lines between full-time employment and contractors. Still, there are also the same old stories.

  • Not getting paid overtime: California employers must pay time-and-a-half for nonexempt workers who exceed 40 hours in a week or work more than eight hours in a day, and for all work on the seventh consecutive day of work. Workers earn double time if they work more than 12 hours in one day.
  • Not getting breaks: Some jobs are unrelenting or have an ebb and flow, but employees must get a paid rest break of 10 minutes for every four hours of work and a meal break after five hours unless the position is exempt from overtime laws.
  • Not getting reimbursed: Examples include out of pocket costs an employee incurs on behalf of the employer, but can also include the cost of the employee’s personal phone, or personal home internet, or other expenses while working remotely.
  • Employee misclassifications: Employers may believe they are using independent contractors, often erroneously referring to an employee as a “1099 employee.” Except there is no such thing, and they are likely violating the employee’s rights to be treated like an employee and receive the benefits of such treatment. Employers cannot maintain control and direction on where or when gig workers work nor can employees have integral roles within the day-to-day operations of the company. Active employees can’t be forced to act as independent workers operating their own businesses.
  • Failure to get paid your final wages on termination: California’s Labor Code is very specific about when an employee must be paid their final wages. Any failure on the part of an employer to do so subjects the employer to statutory penalties. Employees are entitled to their daily rate of pay for each day their paycheck is late up to a maximum of 30 days.

As an experienced employment law firm, the Law Office of Richard B. Rudolph understands that the rules are complex and the employment situation may be nuanced or change over time. Other wage and hour matters we handle include

  • Vacation pay
  • Bonuses
  • Failure to pay minimum wage
  • Failure to reimburse business expenses
  • Failure to provide accurate wage statements

Don’t Let A Violation Stand

Wage and hour disputes are often systemic, leaving employees feeling they must go along with the preexisting arrangement. Instead, employees can fight for themselves and their coworkers to initiate real change.

The Law Office of Richard B. Rudolph can help you recover what is rightfully yours. If you think you have a wage and hour claim, call us at 949-825-5210 or complete the online contact form for a free consultation, and we will assist you in determining your rights. We offer free consultation.