Wage & Hour Violations
Orange County Wage & Hour Violations Attorney
You deserve to be compensated for the work you perform for your employer. All too often, though, employers fail pay employees the wages and compensation they have earned. Some employers may even find subtle ways to avoid paying employees for their work – like by forcing them to work overtime or to work through break times without pay.
These wage and hour violations are against the law. Employees who are subjected to these violations and are cheated out of their earnings (or the break times they’re entitled to) may have various options for holding employers accountable and seeking justice.
Orange County Employment Attorney Marc Phelps is ready to help and represent any California employee who has been the target of an employer’s wage and/or hours violations. Dedicated to protecting and advocating his clients’ rights, Marc is ready to discuss your situation – as well as explain the laws and your legal options – during a free case evaluation.
Simply call (949) 629-2533 or email our firm today to find out how Marc can help you pursue all available legal remedies for wage and hour violations.
Failing to pay employees for the time they have worked is a wage violation commonly committed by employers. This violation can take various forms, including (but not limited to) employers:
- Forcing employees to work off the clock – This can involve requirements that employees work through their break and/or lunch time without pay and/or that they put in unpaid time after a normal shift (or over a weekend).
- Failing or refusing to pay employees for prep time or off-site work – While this can include failing to pay employees for the time they need to gear up and/or prepare for a shift, it can also involve failures to compensate for work done at home (or any off-site location).
- Manipulating time sheets or unfairly rounding hours for time worked – This can involve employers changing the hours logged on time sheets (or in time-keeping programs). It can also stem from questionable (if not illegal) policies of consistently rounding down time worked to avoid paying employees the full amount of wages they’ve earned.
Here, it’s crucial to understand that unpaid wages does NOT just refer to hourly wages or salaries. It can also pertain to commissions, bonuses or other compensation promised to employees as part of the terms of employment.
According to California law, employers are required to pay employees overtime compensation at a rate of 1.5 times the standard (or regular) pay rate whenever employees work:
- More than 8 hours in a single day
- More than 40 hours in a given week.
Both hourly and exempt salary employees are eligible under the law to earn overtime pay. Additionally, it’s important to understand that:
- Employers ARE legally required to pay overtime compensation (for any and all overtime hours worked), regardless of whether or not the employer has authorized the overtime work. This means that, if your employer has a policy requiring you to get overtime approved and you end up working overtime without this approval, you are still legally entitled to the overtime pay.
- Employers are NOT legally allowed to force employees to sign away their rights to overtime pay. In other words, employment contracts cannot include terms that prevent employees from earning overtime pay for any qualifying overtime hours worked. These terms are illegal (and unconscionable).
Wage & Hour Violations: More Examples
Unpaid wages and unpaid overtime are just two examples of how employers can violate employees’ rights and cheat them out of compensation.
Of course, wage and hour violations can come in many other forms, including (and not at all exclusive to):
- Wage violations, such as failing to pay double time (when it’s due or owed), illegally docking employees’ wages, and illegally garnishing employees’ tips/commissions/bonuses
- Hour violations, such as failures to provide rest breaks or cutting meal breaks short,.
In some cases, employers may even go so far as to give employees “special” employment or job classifications in order to try to avoid paying them (or to avoid giving them certain benefits or breaks). This tactic can involve or pertain to:
- Unpaid internships
- Call-in shifts
- On-call shifts
- Independent contractors
- Working for or with temp agencies or staffing & placement companies
Attorney Marc Phelps is experienced at representing California employees in these types of wage and hour violations claims, as well as in other cases (like those involving equal pay issues).
Contact Orange County Employment Lawyer Marc Phelps
Do you believe that your employer has failed to pay you any compensation you have earned? Or have you been forced to work through break times you’re entitled to?
If so, don’t hesitate to call Orange County Employment Lawyer Marc Phelps at (949) 629-2533 to learn more about your rights and options for justice. You can also email him and receive his response within 30 minutes.
With more than a decade of experience practicing employment law throughout California, Marc has the experience, skills and insight you can rely on for effective advocacy in any type of wage or hours violation claim. He is ready to build you the strongest possible case – and provide you with superior representation – so you can secure the best possible outcome to your claim.
Marc’ track record affirms to this: over the past year alone, he has secured more than $5 million for his clients. Let him put his skills and knowledge to work helping you.
From offices in Newport Beach, Marc provides the highest quality representation and service to people throughout Orange County and the state of California.