Los Angeles Wage and Hour Lawyer

Wage and Hour Attorney in Los Angeles, CA

Everyone working in Los Angeles has the right to expect fair pay for their work in alignment with California state law and federal law. Unfortunately, many people experience wage losses due to their employers’ negligence or intentional misdeeds. These incidents often lead to wage and hour disputes. If you believe your employer has failed to pay you a promised wage, refuses to pay you correctly, or has taken unlawful deductions from your pay for any reason, you need to consult a Los Angeles wage and hour lawyer as soon as possible.

The Law Offices of Miguel S. Ramirez have years of experience handling wage and hour disputes on behalf of our clients in the Los Angeles area. We are ready to put this extensive experience to work in your case. Our team has helped many past clients recover lost wages and benefits, and we can help you interpret the state and federal wage and hour laws as they apply to your case.

Do I Need a Los Angeles Wage Claim Attorney?

If your employer has failed to pay you appropriately, you might think you can simply calculate your losses and hold them accountable on your own. The reality is that interpreting the wage and hour laws of the US and the state-level regulations of California can be more difficult than you expect. Additionally, it’s possible to make mistakes with your calculations. You might think you know exactly what your claim is worth, but if you overlook key details, you could settle for less than you legally deserve.

Even if you calculate an accurate representation of the wage theft that you have suffered, confronting your employer can be a daunting task that seems insurmountable without assistance. A competent wage claim attorney can help you build a strong case that clearly displays how your rights were violated. In some instances, retaining an attorney with a strong reputation can make your employer more likely to settle the claim instead of progressing to court.

Many wage and hour disputes occur in tandem with other workplace disputes, such as harassment, discrimination, or wrongful termination. No matter what your case entails, you stand a much better chance of succeeding with your claim when you have an experienced Los Angeles wage claim attorney to provide guidance.

The Law Offices of Miguel S. Ramirez strive to remain updated regarding all the latest legislation that may come into play in your case. We also have the experience necessary to determine your best options for recourse after experiencing any type of wage loss. Whether your lost income resulted from negligence or intentional misconduct, we can help.

Ultimately, there are numerous benefits to retaining a lawyer during a wage and hour claim. One of the few drawbacks is the cost of retaining an employment attorney. This cost, however, should be weighed against the fact that you are more likely to receive a larger compensation package when you work with a skilled Los Angeles wage and hour lawyer than if you approached the situation completely on your own.

Understanding California Wage and Hour Laws

A wage claim can take many forms. When an employer fails to follow applicable state and federal laws for paying their employees, they become liable for those employees’ losses and related damages. The Law Offices of Miguel S. Ramirez have successfully represented past clients in many types of wage and hour disputes, including:

• Minimum wage violations. The California minimum wage is much higher than the federal minimum wage. If an employer fails to meet California’s minimum wage requirements, they are liable for the difference to the employee.
• Overtime violations. In California, “overtime” refers to time worked past 40 hours in a workweek or over eight hours in one workday. The standard overtime rate is 1.5 times the employee’s usual hourly rate. This means if an employee usually works eight hours a day in a workweek but works nine hours on one day, that extra hour must be paid at 1.5 times the employee’s usual hourly rate.
• False hours reporting. Some employers may attempt to skirt their overtime obligations by falsifying employees’ work records. They may attempt to spread worked hours across multiple pay periods or engage in other deceptive acts to attempt to deny employees overtime pay.
• Misclassifying employees as contractors. California legislators recently enacted new laws to prevent employers from simply characterizing employees as contractors. This misclassification effectively allowed them to avoid paying payroll taxes, healthcare benefits, and other required compensation owed to full-time employees.
• Illegal payroll deductions. Most employers automatically deduct payroll taxes from their employees’ checks, and they may be required to make other deductions as well. However, they may only deduct what they are legally required to take from payroll. Employers are required to provide employees with pay stubs that accurately list all deductions.
• Failure to reimburse. Employers may require employees to purchase specific clothing, tools, or equipment to perform their job duties, but they are required to reimburse such purchases. Employers are also responsible for paying their employees for mileage when employees need to drive for work.

Unfortunately, some employees experience a pattern of losses before they discover their employers have failed to adhere to state and federal wage laws. No matter what violations your case involves, you have the best chance of holding your employer accountable and securing payment when you have a Los Angeles wage claim lawyer handling your case.

Employee Classifications

There are two main types of employees under California law. It is important that you are classified correctly, as the protections afforded to you depend on your classification. This classification is determined by the position’s pay structure and job duties.

• Non-ExemptNon-exempt employees are subject to federal and state labor laws that dictate rules regarding meal and rest breaks, overtime pay, and paid time off. Employees who are paid hourly or earn a salary of less than twice the state’s minimum wage are considered non-exempt.
• ExemptExempt employees are not subject to federal and state labor laws, often because they are afforded protections from other sources. Positions earning a salary of more than twice the state’s minimum wage may be considered exempt. Often, job titles that indicate supervisory or management status are considered exempt. Independent workers, such as freelance workers, outside sales professionals, and independent contractors, are also exempt.

Your employer has a legal responsibility to correctly classify the positions within their business. Even if the misclassification was due to an accident instead of being intentional, a business can still be penalized for misclassifying employees. A significant portion of employment claims arise from disputes pertaining to misclassifications.

What to Expect During Your Wage Dispute

Proving your side of a wage and hour dispute can be much more challenging than you might expect. The average person may overlook key details or miscalculate their losses and risk undervaluing their claim. They may also believe that internal conflict resolution channels through their employer are their only options for recovering lost income and benefits. The reality is that any wage and hour dispute is much easier to approach when you have the guidance of an experienced Los Angeles wage claim attorney.

Your legal team can carefully review your employment contract and any other documentation pertinent to your case. The process with help you determine the full scope of your claimable losses.

Depending on your employer’s behavior, your attorney may be able to secure a private settlement that secures what you’re owed and prevents similar behavior in the future. If you discover a significant pattern of intentional wage violations, your attorney can help you determine the best next steps to take. Options may include reporting your employer to the United States Department of Labor and/or the California Department of Industrial Relations.

Individual Claims vs. Class Action Claims

California’s labor laws are designed to protect and shield the employee. If an employer has failed to pay you the wages you rightfully earned, you have options to recover those funds. Once you have collected evidence, you can file a claim against your employer to force them to pay you the full and correct amount that you are owed. Your employer will have the option to negotiate a settlement with you or progress to a trial.

While you are collecting evidence, you may discover that many other employees are similarly affected by your employer violating wage and hour laws. It is not uncommon for employers to violate labor laws in similar ways with all their employees. If this occurs, you can file a class action claim that combines all the affected employee’s complaints.

Class action claims are powerful because they offer more opportunities to establish a pattern of violations by the employer, thereby strengthening your case and the case of the other affected employees. This can increase your likelihood of succeeding in the claim and recovering all the funds that your employer illegally kept from you.

Los Angeles Wage and Hour FAQs

Q: What Are the Overtime Laws in L.A.?

A: When an employee has worked more than 8 hours in a workday or more than 40 hours in a single workweek, their pay rate for those hours becomes one and a half times their regular pay rate. This also applies to the first 8 hours worked on the seventh day of their workweek. When an employee works in excess of 12 hours in a single workday or eight hours on the seventh day of a workweek, the pay rate becomes twice the normal rate of pay.

Q: What Is the Reporting Time Pay Law in California?

A: Also known as the minimum four-hour pay rule, this law states that employees who report to work but are not able to work their full hours must be compensated for at least half their normal hours. This applies in situations where the employer is at fault for not being able to provide work, such as sending an employee home early or not giving them adequate warning that they were not needed on a shift. It is meant to provide employees with financial stability.

Q: What Can I Do If My Los Angeles Employer Violates Wage and Hour Laws?

A: Wage and hour laws can be complex, so speaking with an experienced labor law attorney can help you determine if your rights have been violated by your employer. Once you have determined that your rights have been violated, you are afforded the right to sue under the California Labor Code. If the rights of many individuals in your workplace were violated, you can join together to create a class action claim.

Q: What Responsibilities Do L.A. Employers Have in Regard to Wages and Overtime Pay?

A: Employers are responsible for following all relevant labor laws. The number of workers employed by a business can affect which labor laws apply to that business. It is the employer’s responsibility to understand which laws it must follow, as ignorance is not considered an acceptable defense for not following the law. Any violation of these laws is grounds for the affected employee(s) to bring a claim against the employer.

Q: What Damages Can Be Sought in a Claim From an Los Angeles Employer That Violated Wage and Hour Laws?

A: A wage and hour claim is meant to recover payment from the employer that was wrongfully withheld. Any unpaid minimum wage or overtime compensation can be sought, along with any back pay or unpaid wages for on-call or standby pay. The employee can also seek interest on these wages, reasonable attorney’s fees, and litigation costs.

Contact a Los Angeles Wage and Hour Claims Attorney

It’s natural to feel stressed and uncertain when your employer has deprived you of the wages and benefitsyou’re legally owed. The best way to handle this situation is by contacting an experienced Los Angeles wage claim lawyer as soon as possible. The sooner you begin building your claim, the better your chance of holding your employer accountable and securing the compensation you deserve. Contact the Law Offices of Miguel S. Ramirez today to schedule your consultation with our team.

The Law Offices of Miguel S. Ramirez are dedicated to helping you effectively build your claim and stand against an employer that is attempting to violate your labor rights. With prior experience working for large employers and other corporate clients, our team is steps ahead in understanding any legal strategies your employer may attempt to use. Contact the Law Offices of Miguel S. Ramirez today to schedule your consultation with our team.