Employers are required to abide by the regulations outlines in the California Labor Code regarding wages. The law dictates that employees be compensated fairly for their work and protected from being taken advantage of.
Sadly, many employers have been known to violate some of these rules in an attempt to save money that is rightfully owed to the employee.
A workers' compensation lawyer can be an invaluable resource for employees who are experiencing wage disputes as a result of a workers' compensation claim. Our attorneys are well-versed in the laws and regulations surrounding workers' compensation and can provide guidance and support to employees who are struggling to obtain the benefits they are entitled to.
If an employee is facing wage disputes, a workers' compensation lawyer can assist in several ways. For example, they can help the employee navigate the complex process of filing a workers' compensation claim and ensure that all necessary documentation is properly completed and submitted. Additionally, they can advocate on behalf of the employee to ensure that their rights are protected and that they receive fair and just compensation for any lost wages.
The Woodland Hills workers' compensation lawyers at Rodich Law are here to advocate for your employee rights. With our help, you can file a claim against your employer and fight for fair wages.
In California, it is illegal to determine an individual’s wages based on their ethnicity, nation of origin, gender, age, sexual orientation, disability, or religion. Under the California Fair Employment and Housing Act, this kind of treatment is considered discrimination. You can file a discrimination complaint if you find that your employer is paying you unfairly due to any one of these qualities.
According to state law, a nonexempt employee who works more than eight hours in a day or more than forty hours in a week must be compensated for their overtime at a rate of one and one-half times their regular rate of pay. Most workers who work on an hourly basis are considered nonexempt employees.
Employees in California must also be paid at state minimum wage or higher. As of 2021, California's minimum wage is $14/hr for employers with at least 26 employees, and $13/hr for employers with 25 or fewer employees.
A common violation in California is when employers choose the lower, federal minimum wage amount, instead of the higher, state minimum wage. Employers are required to choose the higher standard of the two if the federal minimum wage differs from the states.
Employers may also try to get around the minimum wage rule by putting an employee on a salary status, but giving them a salary that actually amounts to less than minimum wage per hour.
Whether intentional or not, employers commonly misclassify their employees in ways that affect their legal obligations for paying those individuals. For example, an employer may classify an employee as an independent contractor when, in reality, they are an hourly nonexempt worker. The employer may use this as a justification for not paying that employee minimum wage or for overtime.
By filing a claim and having the situation undergo investigation of your job duties and pay, it can be determined if your employer is illegally under-paying you.
Another instance that could justify a wage dispute is if an employer is denying you meal and rest breaks. California requires that nonexempt workers take a 30-minute meal break if they work more than 5 hours in a day. These workers must also take a 10-minute break for every 4 hours they work.
An employer will be legally obligated to pay you an extra hour of regular pay for every instance where you didn’t take a break. If this pay is denied you, or if you are being denied the right to take the rest periods you are entitled to, you may file a meal period claim.
Having a workers' compensation lawyer from Rodich Law by your side can be incredibly beneficial if you are experiencing wage disputes related to a workers' compensation claim. These attorneys have the knowledge and expertise necessary to help you navigate this often-complex legal process and ensure that your rights are protected every step of the way.
Contact us online or call today at 818-888-3000 to begin with a free, initial consultation!
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