Wage Issues Can Be Complex. Let Us Help You With Them.
Employers and employees alike often do not fully understand wage laws, especially in California. Employers think they are paying employees properly when they are not, and employees often do not realize when they are not being paid enough. I am attorney Robert Nelson and I have extensive experience representing clients in wage-and-hour matters.
Wage and hour issues are common in California. “Wage and hour” means everything related to compensation for work performed, including unpaid minimum wages, overtime, commissions, accrued vacation, meal and rest breaks, and waiting time penalties for any of the above-noted violations.
Tackling Challenges While Advocating For You
I have nearly 15 years of experience, bringing a practical and resourceful approach to every case I handle. Through the years, I have guided many clients in wage and hour problems that typically arise in the following situations:
Misclassifying employees as ‘exempt’ from overtime requirements
Many employers assume that they can choose which of their employees should be paid set salaries, and which should be paid wages plus overtime. In fact, there are detailed laws requiring that most employees be paid overtime. Employers often violate these laws by misclassifying employees as “exempt” from overtime requirements.Employees who are misclassified and paid set salaries can sue their employers for the overtime they should have been paid, business expenses they had to pay, and for denied meal and rest breaks. Employees have won hundreds of millions of dollars in misclassification lawsuits.
Failing to pay minimum wages, or for all time worked
The first requirement for employees to be exempt from overtime requirements is that they must receive a specific minimum salary. In California, that minimum is either $45,760 (for employers with fewer than 25 employees) or $49,920 (for everyone else), which means that employees who receive set salaries less than that may already have wage and hour claims against their respective employers. Employers also sometimes require employees to submit to unpaid “working interviews” or to work unpaid “training” time. With limited exceptions, employers are required to pay employees for all work time and all time spent in mandatory training.
Refusing to pay owed commissions or bonuses
Other wage and hour disputes arise when employees are terminated before their earned commissions or bonuses are paid. In those situations, employers typically say that the employees are not entitled to the commissions or bonuses because they were not employed when the moneys were scheduled to be paid. Whether and to what extent employers can refuse to pay commissions and bonuses depend on the specific agreements they have with their employees. Wrongful refusal to pay can subject employers to liability for the unpaid commissions and/or bonuses, plus additional penalties.
Schedule A Free Consultation To Learn More
If you believe you did not receive a proper minimum wage, overtime, a commission, bonus or any other wage and hour benefit you are entitled to, including meal and rest breaks, schedule a consult with me to talk further.
I offer a free case evaluation by telephone. Nelson Law Group in San Francisco can be reached by calling 415-689-6590 or toll-free at 866-290-0424. You can also contact me online to talk about your case.