There are many ways in which employees are not properly compensated. Meal and rest period violations and Overtime compensation just begin to scratch the surface. Other areas of interest are failure to pay wages earned, failure to pay minimum wages and failure to pay wages in a timely fashion.
California law is friendlier to employees than similar Federal laws regarding minimum wages. Federal law uses an averaging method to calculate whether an employee has received minimum wages. In other words, as long as “on average” an employee received minimum wage, it does not matter whether they received a minimum wage for every hour that they worked. California, on the other hand, mandates that every employee is entitled to minimum wages for every hour that they work.
An employers’ failure to pay minimum wages can become an issue in unexpected areas, such as when they pay employees a decreased rate for time spent Donning and Doffing (putting on and taking off) safety equipment. California law would require that employees receive at least minimum wage during this donning and doffing time, while Federal law would allow an employer to pay below minimum wage for this time as long as, on average, the employee received the minimum wage.
Our firm is currently engaged in both individual actions to recover wages for employees as well as Class Action lawsuits to recover wages for groups of employees.
This area of law can be very confusing and complicated. Whether you are an employee, employer, or insurance carrier, should you require legal advice, please contact Attorneys Eric M. Overholt or Michael Ian Rott at 619-296-5884 or by email at email@example.com or firstname.lastname@example.org at Hiden, Rott & Oertle, LLP if you think that you are entitled to overtime compensation and have not been paid overtime wages.
This post is also available in: Spanish