California FLSA Wage and Hour Attorneys
Many employees in California have at some point or another worked overtime. The additional hours you work weekly should result in additional wages which employers are mandated to give their employees. Unfortunately, some employers take advantage of their dedicated employees by violating their rights according to wage and hour laws in California. If you would like to learn more about wage and overtime laws in California, please continue reading. If you believe that your employer has violated wage and overtime laws, we recommend contacting an employment attorney.
Consulting with a knowledgeable overtime attorney or wage and hour lawyer can help you understand your options and protect your rights. You may be able to file a complaint with the Labor Commissioner or file a wage and hour lawsuit against your employer for unpaid wages and attorney’s fees. It is essential to have a legal expert by your side, such as an FLSA attorney or overtime lawyer, who specializes in overtime laws and can guide you through the process. Additionally, you should also ensure that you are aware of what wage, hour, and overtime laws apply to you.
Receiving Proper Overtime Pay
Employers in California are required to pay certain employees proper overtime pay in accordance with both federal and state laws:
Federal Laws
The Wage and Hour Division is a subdivision of the United States Department of Labor that enforces overtime provisions in the Federal Labor Standards Act (FLSA). According to the FLSA, unless exempt, all employees covered by the act are entitled to overtime pay if they work over 40 hours in a week.
The overtime pay received must be no less than time and one-half the employee’s regular rate of pay. For instance, if a worker receives $20 an hour and works 2 hours of overtime, the employee would be entitled to $30 for each overtime hour.
California State Laws
Similarly, California Labor Law 510 specifies that non-exempt employees are entitled to one and one-half times their regular rate of pay if they work over 40 hours a week. Additionally, this statute also provides employees the right to this amount of overtime pay if they work:
- Over 8 hours in one day
- Over 6 consecutive days in week
Employees must also be paid double time if they work over:
- 12 hours in a workday
- 8 hours on the seventh day of the workweek
Not all workers are entitled to overtime pay. Six common types of workers that are typically not entitled to overtime pay in California are:
According to Labor Code 515, in order to be considered an exempt employee, a worker typically must have a “white collar” job that consists of executive, administrative, and professional duties. Additionally, the employee must have a salary that is no less than twice the rate of California’s minimum wage for a full-time job.
These workers are not entitled to OT if they are at least 18 years old, at least half of their work is completed outside of the place of business, and they sell contracts, services, items, or facility usage.
According to Labor Code 514, collective bargaining agreements make certain workers ineligible for OT if the agreement already provides for work hours and wages, provides wage rates for OT hours, and provides a working wage that is 30% more than California’s minimum wage.
Certain workers are not entitled to OT pay, such as camp counselors, live-in nannies and household workers, personal attendants, agricultural workers, and some of the employer’s relatives.
Workers who maintain control over how their work is produced and produce such work for a specified pay are not entitled to OT.
An alternative work schedule would involve a written agreement between a group of employees and their employer that the workers may work up to 10 hours a day without overtime pay.
Receiving Adequate Wages
Federal Laws
The FLSA sets basic federal minimum wage standards. Current federal minimum wage is $7.25 per hour. Although the FLSA sets the federal minimum wage, it does not cover other wage issues such as severance pay. It merely ensures that every employer must abide by a general rule for the least amount of wages a worker must receive.
For workers who make more than $30 per month in tips, the minimum wage is $2.13. If the minimum wage standard is not properly observed, an employer could be liable for back pay of up to 2-3 years, depending on the circumstances of the case.
California Laws
Unlike the requirement specified in the FLSA, California law mandates that all workers be paid wages of at least the amount of minimum wage, regardless of whether they received tips or gratuity. Labor Code 221 prohibits employers from withholding wages that have already been earned by the employee. This means that wages cannot be withheld to offset tips earned.
According to California Labor Code 1197, in 2023, the minimum wage in California is $15.50 an hour.
Paycheck Requirements
California Labor Code 204 mandates that employees pay their employees twice a month of paydays designated in advance. One exception to this requirement is with overtime pay, which must be paid by the second regular paycheck after the OT was worked. This gives the employer adequate time to pay for the extra hours that may not have been expected.
According to Labor Code 226, employers are required to provide itemized wage statements with each of these semi-monthly paychecks. These itemized statements should include gross and net wages, deductions, hourly rates, and hours worked. Employers must keep these statements for at least 3 years.
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Frequently Asked Questions on Breach of Contract in Los Angeles
On the other hand, examples of bad faith include: Failure to uphold legal or contractual obligations unethically or without just cause. No intent to follow through on a legally binding agreement. General dishonesty to the client or clients.
Damages awarded for breach of contract can vary depending on the circumstances of the case. Typically, the damages awarded include, but are not limited to: compensatory damages, consequential damages, liquidated damages, punitive damages, nominal damages, and restitutionary damages.
No, a breach of contract does not automatically make the contract void. A contract remains valid and enforceable even if one party breaches it. However, the non-breaching party may be entitled to remedies such as damages or specific performance to address the breach.
To prove a breach of contract, you must demonstrate the following:
- The existence of a valid contract
- The plaintiff’s performance or willingness to perform under the contract
- The defendant’s failure to perform their obligations under the contract
- Damages or harm suffered by the plaintiff as a result of the breach
The length of a breach of contract claim can vary depending on various factors such as the complexity of the case, the jurisdiction, the amount of evidence, and the willingness of the parties to settle. In general, breach of contract claims can take several months to several years to resolve, depending on the circumstances. To learn more, consult with an employment contract attorney.