Employment Law Blog - Employee Lawyers Group - Ventura County, CA
- Category: Blog
- Last Updated: 09 December 2014
Employee wage lawyers handle both employee lawsuits for unpaid wages when an employee loses their job, and also when the employee is not properly paid wages. If you were wrongfully terminated and are considering suing for wage loss CLICK HERE (http://www.venturaemploymentlawyer.com/practice-areas/wrongful-termination). If your wage loss may be due to job discrimination CLICK HERE http://www.venturaemploymentlawyer.com/practice-areas/workplace-discrimination
Call our Ventura County Wage Lawyers at 1-877-525-0700 for a confidential consultation about your labor rights.
UNPAID WAGE LAWYERS
Our labor lawyers can help you recover the following types of unpaid wages:
- Commissions (Including Manager Overrides)
- Double Time
- Meal Break Pay
- Minimum Wage
- Prevailing Wage (Special Wages for Government Construction)
- Rest Breaks (10 Minute Rest Breaks)
- Unpaid Hours of Work
- Unpaid Salary
Our wage lawyers represent both hourly employees and salaried employees. We even represent employees misclassified as independent contractors.
MINIMUM WAGE VIOLATIONS
Recently, minimum wage law has been changing in California. Many cities have enacted their own minimum wage laws. Firm Head, Karl Gerber, has written numerous legal articles on these changes to California minimum wage law. He has also been involved in several debates about California’s changing minimum wage. Our minimum wage lawyers can advise you what the present minimum wage is for the job you have.
Failing to pay an employee the legal minimum wage is wrong. While some law firms are reluctant to represent minimum wage and sub-minimum wage workers that is not the case for the Employment Lawyers Group. We have tried cases in court involving minimum wage violations. Karl Gerber has also arbitrated several minimum wage lawsuits on behalf of numerous employees and won.
What is overtime pay? Overtime pay is due for all hours worked in excess of eight in a day. Double Time is owed for all hours worked in excess of 12 in a day. Double Time may also be due if an employee is forced to work four consecutive weeks in a row without a day off. Double time is calculated by multiplying the employee’s hourly wage by two. Nonexempt employees are entitled to overtime. Exempt workers are not entitled to overtime.
Overtime wage laws involve a few concepts:
- How many hours did the employee work in a day?
- What is the employer’s expectation of the type of job the employee does?
- In reality what types of work does the employee do?
- At what hour of a calendar day does the work day start?
- How much does the employee earn each pay period?
If you have questions about whether you are entitled to overtime you should call 1-805-200-0100 to speak to our Ventura County Overtime Lawyers. California overtime rules are complex, and best understood in consultation with an experienced California overtime lawyer. Moreover, if you want your employer to pay overtime our overtime lawyers can be of assistance. Unpaid overtime cases can result in large recoveries because it is possible to sue for overtime pay going back four years from the date the overtime lawsuit is filed. In addition to receiving time and a half for every hour worked, overtime labor laws require the employer to pay interest and potentially penalties.
Our Oxnard overtime lawyers can also answer questions about federal labor laws for overtime. While we do not normally use Federal FLSA overtime laws for our California overtime lawsuits, Karl Gerber is familiar with the Federal Fair Labor & Standards Act. Federal FLSA laws are generally less favorable than California overtime rules. However, because no other law applied, in an out of state overtime class action Karl Gerber successfully used Federal FLSA overtime laws to recovery unpaid overtime for hundreds of misclassified independent contractors. We can advise which overtime rules will result in your best recovery.
Salary and overtime are not necessarily two inconsistent things. Salaried employees may be entitled to overtime. Salaried overtime exists if the employee is not paid enough to be exempt under California overtime laws. Other salaried employees are entitled to overtime because the nature of their job does not make them exempt from overtime law. Salaried overtime is something best spoken to with an experienced California overtime lawyer.
SUE FOR BONUS PAY OR UNPAID COMMISSIONS
Employee lawsuits for unpaid bonuses and commissions can be large. Karl Gerber recovered $1,150,000 for unpaid commissions in one lawsuit. In another lawsuit he recovered a substantial amount for a site manager whose bonuses were not paid.
Bonuses and commissions are usually regulated by written formulas. If a written contract does not regulate the commission structure that now violates a specific California Labor Code. In consulting with a labor lawyer it is important the employee have access to all written documents concerning unpaid bonuses and commissions. Nonetheless, our unpaid commission lawyers have taken many cases in which the employee did not have the applicable commission agreement in their possession when they retained our law office.
WAGE AND HOUR CLAIMS
In general, the term, “Wage and Hour Claims” refers to all legal actions for unpaid wages other than a case involving a job termination.
Some wage and hour claims involve employees not fully paid for every hour of their job. These types of wage lawsuits lead to many Labor Code violations. Many of these Labor Code violations carry penalties. If you were not paid all of your wages due we will examine all statutory and legal remedies you may have against your employer in order to recover your unpaid wages.
Please contact our California labor lawyers at 1-805-200-0100 regarding any wage and hour claim you want to bring for yourself or as a group in a wage and hour class action.
We represent all employees on a contingency which means we are only paid out of any money we can recover from your employer. In addition, many wage and hour laws require the employer to pay your attorney fees if you win which may mean that is how we are paid in lieu of a contingency fee.
Southern California Offices in: Oxnard, Sherman Oaks, Bakersfield, Los Angeles, Gardena, Tustin, Riverside, San Diego.