714-592-4936 Wage & Overtime Violations Wage & Overtime Violations Attorneys in Santa Ana We Fight for Your Right to Fair & Just Compensation You work hard to earn your wages to support yourself and your family. Day-in and day-out, you put in the hours and effort it takes to make your employer’s business possible. That’s why when you become a victim of a wage and overtime violation, you should react swiftly by seeking legal support for your claim. Federal and state laws entitle you to a minimum wage and overtime pay when you work beyond a certain number of hours in a day or overall workweek. The Gould Law Firm can help you fight for your right to fair and just compensation if your employer is withholding your wages or has improperly calculated your pay. If you aren’t getting what you deserve, you can recover compensation such as backpay, lost wages, and other damages by working filing a lawsuit with help from our wage and overtime violations attorneys in Santa Ana. Common Violations of Wage & Overtime Law Minimum wage law is changing around the country, and a lot of the momentum is coming from a progressive raise in California. As of 2020, California’s minimum wage rose to $12 per hour and is set to keep rising, by law, until it reaches $15 per hour by 2022. Whether you earn a minimum wage or something greater, if you are an exempt employee entitled to overtime pay. Such compensation is calculated at a rate of one-and-a-half times your normal rate for each hour worked beyond eight in a day or 40 in a workweek. Despite these clear laws in place, there are many ways your employer can take advantage of you by withholding your pay or miscalculate your earnings. These violations can appear as: Failing to pay at least minimum wage Failing to document overtime hours Failing to pay overtime hours at overtime rates Requiring “off the clock” work Misclassifying employees to avoid overtime compensation Failing to compensate workers for company expenses Failing to compensate employees for miles traveled for work Making improper deductions to an employee’s pay Failing to provide a final paycheck Failing to provide pay for unused paid personal time-off or sick leave We offer a free consultation to all prospective clients. Contact us online or call our number (714) 592-4936 to schedule yours today! Employment Law Age Discrimination Breach Of Contract Disability Discrimination Wage & Overtime Violations Retaliation Sexual Harassment Wrongful Termination Contact Us Today First Name Last Name Phone Email Yes, I am a potential new client No, I'm a current existing client I'm neither. Are you a new client? Message Send Misclassification Can Rob You of Your Overtime Pay Because non-exempt employees are entitled to overtime pay, particularly unscrupulous employers may be keen on misclassifying them with exempt positions or labeling them as independent contractors. In either scenario, the employer is absolving itself of its responsibility to compensate you for time-and-a-half pay when you work beyond eight hours in a day or 40 in a week. Large California Employer Violates Wage Laws $13,500,000 Large National Bank Not Paying Overtime $7,900,000 1 / 10 Independent Contractor Misclassification Independent contractors are workers that a company may hire on a contractual basis to perform a specific job or duties for a period of time. Because such a worker is working under a contract, they are not full-fledged employees and entitled to overtime compensation. Dishonest employers may try to inappropriately apply the “independent contractor” classification to avoid paying overtime to people who should actually be considered employees. Recent California law has provided an “ABC Test” to determine whether or not a worker is actually an independent contractor. The following three criteria outline who is an independent contractor in California: The worker’s performance is not controlled or directed by the hiring entity The work being done is outside of the hiring company’s normal course of business The work being done has the same nature as the worker’s independently established occupation, trade, or business ‘Exempt’ Misclassification A common way employers try to get away with misclassification is by giving employees titles like “manager,” “director,” or “executive” commonly associated with exempt employees without providing compensation or duties that legally make the position exempt. In California, exempt employees must make a minimum monthly salary of no less than twice the state’s minimum wage for full-time employment. They must also be allowed to exercise discretion and independent judgment that requires them to evaluate the possibilities of making certain decisions and allowing them to make such decisions. If you want to know more about how we may be able to support your claim, contact us online and ask how you can reserve a free consultation and meet with one of our attorneys to discuss your situation. Why Hire a Lawyer from The Gould Law Firm? Choosing legal representation can be a hassle. Not all attorneys are the same, and it can be hard to know who is capable of helping you get the most out of holding your employer accountable. Because you are fighting to claim pay you deserve, you need to be sure that your wage and overtime violations attorney in Santa Ana has the experience and skill to help you win. That said, many of these issues end up settling out of court. With strong legal representation from The Gould Law Firm, we can help you recover what you’re owed in a favorably negotiated settlement without ever stepping into a courtroom. Contact us online or give us a call at (714) 592-4936 for a free initial consultation with our attorneys. Thousands of Clients Helped “I want to thank Gould & Associates. There are no words for what they have done for me.” - Lupe B. 1 / 5 All Reviews Don't Wait to Take Action At The Gould Law Firm, we have more than 30 years of experience helping clients like you recover pay owed to them by their employers – plus other damages in some cases. Back pay, liquidated damages, attorney’s fees, and court costs can all be recovered from your employer when you prevail in a lawsuit against them. Our Location: 161 Fashion Lane Suite 207 Tustin, CA 92780 Map & Directions [+] Contact Us 714-592-4936 Schedule a Free Consultation Today First Name Last Name Phone Email Yes, I am a potential new client No, I'm a current existing client I'm neither. Are you a new client? Message Send Information 714-592-4936 Local Office 161 Fashion Lane Suite 207 Tustin, CA 92780 Map & Directions [+] Quick Links Home About Us Employment Law Case Results Reviews Contact Us Site Map Privacy Policy Follow Us The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2021 All Rights Reserved. Hi, thank you for visiting. Start Live Chat!