Tuesday, October 15, 2019

Top 5 Ways CA Employers Steal Employee Wages: No. 2 Stealing Hours

Some employers steal substantial amounts of time and wages from their employees every pay period. Warning signs of possible wage theft are when an employer makes employees clock in and out with an app or when the foreman or supervisor tracks everyone's time. In these cases, workers never see their timecards and the employer can reduce hours worked without fear of getting caught. Even when employers use timecards, they still reduce hours because they know that most employees won't remember how much time they worked each day.

If you think your employer isn't paying you for all the time that you worked, you can keep track of your hours to check.

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Wednesday, February 19, 2014

Employees Must Be Paid for All Hours Worked

To kick off the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights. Number 5 on the list is failing to pay employees for all hours worked. 

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Monday, February 3, 2014

Failure to Pay Overtime

To kick off the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights. 

At the top of the list of frequently violated workplace rights is unpaid overtime.  California law requires California employers to pay employees at time and a half for all hours worked over 8 hours in a day and 40 hours in a week and to pay two times the employee’s regular rate for all hours worked over 12 hours in a day.  Additionally, employees who work seven days in a row must receive time and a half for the first 8 hours worked on the seventh day and double time for every additional hour. 

Some employers try to get around the law by paying their employees a salary instead of an hourly wage.  The employers tell employees they are “overtime exempt” because they receive a salary.  The truth is exceptions to California’s overtime law are very narrow.  Most California employees, even those that are paid a salary, must receive overtime pay.  Employers who don’t properly pay their employees overtime are committing wage theft, which is a misdemeanor crime.  (Labor Code Sec. 553).

Other employers tell employees that the employees aren’t eligible for overtime because they are managers or assistant managers.  But the law looks at many other factors than just job title to decide whether an employee is overtime exempt.  For example, if a manager or assistant manager doesn’t earn more than twice the minimum wage or spends more than half his or her time doing the same work as non-managerial employees, then he or she should receive overtime pay. 

California law provides powerful tools for employees to recover unpaid overtime.  If you think your employer has failed to pay you overtime, email or call the Law Offices of G. Samuel Cleaver at 323-648-6676 for a free consultation today.

The Law Offices of G. Samuel Cleaver, provides legal services throughout California, including the cities of Los Angeles (L.A.), Glendale, Santa Monica, Burbank, Anaheim, Costa Mesa, and Irvine; Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, Ventura County, Santa Barbara County, Kern County and Fresno County; and the Inland Empire.

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