Burbank Wage and Hour Lawyer

Burbank Wage and Hour Attorney

What Is Wage Theft?

Wage theft happens when employers:

• Withhold agreed-upon bonuses
• Fail to give earned gratuities
• Refuse to pay earned sales commissions
• Deny compensation for “off the clock” work
• Force employees to work through scheduled breaks
• Incorrectly categorize workers as independent contractors or exempt employees
• Make unauthorized deductions from employee paychecks
• Manipulate time records or pay stubs
• Pay below the legally mandated minimum wage
• Refuse to pay last paychecks to employees who resigned or were terminated

California’s Rules on Employee Pay and Overtime

California businesses are legally obligated to adhere to the state’s labor regulations, including those meant to protect employees’ earnings. Our legal team can assist individuals looking to recover unpaid wages in cases related to these areas:

Misclassified Employees

Workforce classification includes exempt employees, non-exempt employees, and independent contractors, which often ties into the complexities of at-will employment in California. Exempt employees are not subject to regulations regarding overtime compensation, minimum wage standards, or mandatory timekeeping requirements. Non-exempt employees are entitled to protections such as overtime pay and minimum wage and are usually paid hourly. Most workers in California are categorized as non-exempt.

Independent contractors possess autonomy over their work schedule, location, and operational procedures. Since their rights and classifications are determined by contracts, consulting an employment lawyer can help clarify whether your role is legally defined and whether any misclassification has occurred.

A common issue arises when employers incorrectly designate employees as independent contractors or exempt employees, which can mean employees are not provided their due overtime pay or benefits. Burbank’s entertainment industry employs 15.3% of the city’s residents and relies on freelancers, contractors, creative staff, and temporary workers, which can sometimes lead to misclassification.

Overtime Law

Non-exempt employees have the legal right to overtime pay at 1.5 times their regular rate for work when they surpass 8 hours in a day or their weekly hours exceed 40. Additionally, they are entitled to double their regular pay for any time worked over 12 hours in a day or for all time worked over 8 hours on a 7th consecutive day.

Meal and Rest Breaks

California labor regulations mandate that non-exempt employees receive a 30-minute meal break and a 10-minute rest break for each five-hour work period. While meal breaks are unpaid, rest breaks must be paid, and employers must provide a designated rest area. For employees working more than ten hours during a shift, employers must provide them with a second 30-minute unpaid meal break. Employers must adhere to meal and rest break regulations in California, and failure to do so may also violate the 4-hour minimum shift law in certain situations.

Working Off the Clock

California law requires employers to compensate employees for all hours worked. “Off-the-clock” work is illegal per the Fair Labor Standards Act (FLSA), and understanding California lunch break law is key to recognizing when your employer may be violating break entitlements. This means preparing or wrapping up your workstation, mandatory training or meetings, responding to emails or phone calls outside of work hours, and other work-related tasks should be compensated.

Why Do You Need a Burbank Wage and Hour Lawyer?

California’s wage and hour lawyers are known to offer strong protections to employees, but this can also mean these laws are complex and difficult to navigate without legal counsel. At MM Law, our team possesses in-depth knowledge of both California’s labor regulations and federal law.

Whether you are facing unpaid overtime, minimum wage violations, or misclassification issues in Burbank, we can help you understand your rights under California wage and hour laws, gather necessary evidence, assist you with filing claims with the California Labor Commissioner’s Office, or represent you in negotiations or legal proceedings to recover the compensation you deserve.

FAQs

Q: What Is the 7 Minute Rule for Payroll in California?

A: The “7-minute rule” is the time-rounding practice used in payroll, rounding the time an employee clocks in and out to the nearest quarter-hour. For example, if an employee clocks in at 8:03 a.m., it is rounded to 8 a.m., or if they clock in at 8:10 a.m., it is rounded to 8:15 a.m. Time rounding is legal in California as long as employees are not consistently being underpaid.

Q: Can My Employer Require Me to Work “Off the Clock”?

A: No, it is illegal for employers to require non-exempt employees to work “off the clock,” as mandated in the FLSA. The tasks could include preparing your workstation before or after shifts, responding to emails or calls outside scheduled hours, or attending mandatory training. If you think your employer is violating the FSLA, it is recommended that you seek legal advice.

Q: Can My Employer Retaliate if I Report Wage Violations?

A: The California Labor Code 98.6 prohibits employers from retaliating against employees who are exercising their rights to report wage violations. Reporting wage violations is a protected activity, and employees are allowed to file complaints, participate in investigations, and testify in proceedings. Common forms of retaliation are termination, demotion, reduction in pay or hours, harassment, and unfair negative performance reviews.

Q: Can I Sue for Unpaid Wages, and How Far Back Can I Claim?

A: Yes, in California, you can bring legal action against an employer to recover unpaid wages. The statute of limitations depends on the type of claim. You have three years for violations of minimum wage, overtime, unpaid rest and meal breaks, sick leave, deductions from pay, or unpaid reimbursements. The statute of limitations is four years for claims involving a written contract and two years for a verbal promise to pay more than minimum wage.

Q: What Is the Difference Between an Exempt and Non-exempt Employee?

A: Non-exempt employees are entitled to overtime pay, protected by minimum wage laws, and have the right to mandated meal and rest breaks. They must accurately track their hours worked, as they are typically paid hourly. Exempt employees are generally not entitled to overtime pay and must meet a minimum salary amount to maintain their exempt status. They are not required to track their hours and are often paid a fixed salary.

Consult With a Wage and Hour Attorney

Acting quickly to secure knowledgeable legal representation can make a difference in your case. At MM Law, we understand how stressful wage and hour disputes can be. We’re committed to providing supportive and responsive legal help. If you’re ready to discuss your situation, contact us today.