Wage and Hour Violations

Gaines & Gaines focuses a substantial portion of its practice on employment related disputes, with a special emphasis on wage and hour issues.

Many employers violate the strict California labor laws governing the minimum wage, overtime pay, expense reimbursement, alternative workweek schedules, and wage deductions. California employers routinely disregard the extensive laws in place to ensure California employees are treated fairly. A few examples of common labor law violations are:

  • Classifying employees as “managers” or “assistant managers” and paying them a salary — to avoid paying overtime compensation. A title of “manager” does not automatically disqualify an employee for overtime compensation, rest breaks, or meal periods. Employees must fit very specific requirements to be exempt from overtime and rest and meal periods.
  • Requiring employees to work through meal periods or denying them rest breaks.
  • Improperly classifying employees as “independent contractors” to avoid paying certain taxes.
  • Failing to pay commission-based employees a minimum wage or overtime, solely because they are paid on “commission.”
  • Failing to compensate employees for accrued vacation time upon termination.
  • Failing to pay employees promptly upon termination.
  • Forcing employees to sign a document purporting to release the employer from all potential claims. Many such releases are void.
  • Reclassifying employees as “non-exempt” and changing their pay structure, without paying back wages.
  • Making unlawful deduction from employees’ wages, for items such as pagers, cell phones, tools, or chargebacks.

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