Are You Being Paid For All Of The Hours You Work?
Because you work for a large corporation in the state of California, you probably assume that you are being treated fairly and that the wage you earn each month is correct, right? After all, they're a large company so they should know what they're doing. The hard truth is that labor violations can happen in a business of any size, so it is worth an employee knowing their rights, or at least consulting an employment lawyer Los Angeles if they have any doubts or questions they want to raise.
An employer can be paying you the wrong wage for a number of reasons, and here are some of the most common:
Misclassification As A Salaried Worker
It could be that you are classed as an Exempt Employee on a salary when in actual fact you should be classed as a Non-exempt employee (hourly). California has strict labor laws as to who is eligible to be classed as exempt and companies are not allowed to put a person into the exempt category so that they don't have to pay them overtime for extra hours worked. The main thing to know here is that it is your actual job tasks that determine your exemption status and not your job description or title that has been given to you by the company. If you feel that you have been classed wrongly, then it may pay you to seek the advice of a Los Angeles employment lawyer.
Independent Contractors
It is not uncommon for employers to classify employees as independent contractors so that they don't have to pay overtime, insurance or additional taxes. Again, California has strict laws regarding this. For you to rightly be classed as an independent contractor you should
- Use your own tools, vehicle, equipment etc.
- Not have to wear a company uniform for the other company
- Manage your own schedule
- Not be answerable to a supervisor or managing director on a regular basis
Working off the clock
Sometimes employers put pressure on non-exempt employers to work whilst they are not clocked in. It may involve coming in early to prepare for the day ahead and staying after time to finish off work. Often the boss will threaten a write-off or termination if the work is not finished by the end of the day and they will also make it patently clear that overtime doesn't come into the equation. It might even be more regular with the boss indicating that you need to spend time booting up the computer system and logging in each day, before actually clocking in. Truck drivers often have to load up their trucks but it's not until their first stop that their clock starts. If you think that you are regularly being asked to work off the clock, then it is advisable to seek the help of a Los Angeles employment attorney.
Non payment for attending work
Reporting Pay is the term used when an employee comes to work but his employer decides he isn't required for the day and sends him home, or he only works 50% of the shift that he was scheduled to do. In this instance, under the California Labor Law, the employer is supposed to pay half of the scheduled shift or normal day's work. The sum paid should not be less than 2 hours and no more than 4 hours of the employee's usual rate of pay. The only exception to this rule is if a worker was sent home due to an act of God or threat to property or employee etc.
As you can see, Labor Law is fairly complicated but if you have any questions or concerning regarding your employment, then in most cases you can visit a Los Angeles Employment Attorney who is well verse in this area and can advise you of your rights free of charge.
