Why You Need a Wage and Hour Lawyer
Not being paid the full wages you are due for work you performed not only creates an economic hardship, it is also unlawful. State and federal laws require that employers pay employees a fair wage in a timely manner. If you are a victim of wage violations, you are entitled to legal representation that protects your rights and recovers compensation. Wage and hour lawyer Gregory Thyberg in Sacramento, CA, has been successfully fighting for workers’ rights for decades. Contact his office immediately if an employer has unjustly withheld money from you or if you have questions concerning your rights as an employee.
Common Wage Violations
Fortunately, state law in California is crafted to safeguard workers’ rights and wage rights are no exception. State wage and hour rules are governed by two laws: the California Labor Code and the Federal Fair Labor Standards Act. Under these two laws, a myriad of checks are in place to ensure that workers are paid in full for work performed. Still, some employers develop tactics that skirt the law and swindle workers into work for which they are not paid. Common wage violations are:
- Workers performing as full-time employees misclassified as independent contractors
- Inaccurate wage and hour calculations
- Violations of California minimum wage laws
- Not paying for overtime
- Not allowing meal or rest breaks
- Failing to provide a second meal break for shifts longer than 10 hours
- Failing to provide proper pay stubs with all required information
- Not reimbursing employees for work-related expenses
- Compelling workers into working hours they do not claim (e.g. working from home)
- Unpaid sales commissions
- Improper practices concerning vacation pay and time off
- Workers entitled to overtime for hours exceeding 40 hours in a week being misclassified as exempt from overtime pay
A prevalent form of wage violations that hurt the victims—and our economy as a whole—is employee misclassification. This is when a worker who is an employee under law is incorrectly classified as something else, typically as an independent contractor.
Deliberately misclassifying an employee as an independent contractor has enormous negative consequences for the victim since federal and state labor laws are largely designed to protect workers who are classified as employees. Essentially, the victim is denied critical benefits and many labor law protections, such as minimum and overtime wages, unemployment insurance, and medical leave.
Another method employers rely on to avoid paying workers is by violating hours regulations. Employees are entitled to compensation for every hour of work they perform. To get around this, employers may ask employees to work "off the clock," meaning outside regular working hours. Employees may be expected to work through mandated meal and break times, or are not paid for time spent during work-related training or traveling.
Not being paid the full wages you are due for work you performed not only creates an economic hardship, it is also unlawful.
Less commonly, an employee will receive a check paying them for fewer hours than they actually worked. Often this is due to a processing or banking error and will be quickly corrected. An employee should be suspicious, however, if this is a recurring issue, as it may be a sign that the employer is intentionally not paying the full amount owed.
Contact a Reputable Workers’ Rights Attorney
Although California wage laws are on your side, ensuring that justice is served is not always easy. Navigating the law, building cases against unscrupulous employers, and maximizing the compensation you are due all requires a depth of legal knowledge and skill. Gregory Thyberg has built a career on employment law, fighting for workers' rights on just about every front, including wage violation, wrongful termination, and discrimination cases.
If you have fallen victim to illegal wage practices or if you have concerns about your specific situation, contact ThybergLaw online today. You can also call the office of Gregory Thyberg at (916) 204-9173 to schedule your no-obligation case review.