California’s wage and hour laws dictate aspects of the employer-employee relationship such as the minimum amount employees must be paid per hour, when workers are entitled to paid rest breaks, when workers are entitled to 1.5x their pay, when workers are entitled to 2x their pay, what protections workers receive at work, and more.
Unfortunately, these laws are also some of the most difficult for the average person to understand, leading to unwarranted claims by employees of workplace violations. At LawPLA, our experienced employer’s defense team has a proven track record when representing employers targeted with claims of wage and hour violations.
Misclassification of Employees as Independent Contractors
Wrongful classification of employees as independent contractors is a common wage and hour violation claim associated with the recent emergence of the so-called “gig economy.”
Drawing and understanding the legal distinction between the two is tricky, but the key take away is this: by classifying workers as independent contractors, employers may avoid many legal obligations owed to traditional employees. These include but are not limited to the provision of overtime pay, payment of minimum wage, payment of employment taxes, and benefits to which employees are legally entitled. Misclassifications of employees as independent contractors can have extremely expensive ramifications for employers if not dealt with immediately, and this exposure can include things such as interest, waiting time penalties, and paying the other side’s attorney’s fees. If an employee claims that you or your business has deliberately or mistakenly classified them as an independent contractor instead of an employee, contact LawPLA to schedule a consultation.
Misclassification of Regular Employees as Exempt Employees
A similar wage and hour violation claim is when an employee holds that an employer deliberately or mistakenly classified them as an “exempt” employee instead of a “regular” employee. Exempt employees are those whose salaries, job responsibilities and ability to exercise independent judgment make them ineligible to receive overtime pay and other wage and hour benefits.
If an employee claims that they’ve been wrongfully classified as an exempt employee, it is crucial to get proper legal advice. The employer’s defense team at LawPLA will evaluate your circumstances and provide options for your legal defense.
Other Types of California Wage and Hour Law Violations
Other common types of wage and hour violations occur when employers deliberately or mistakenly fail to provide qualifying workers with overtime, meal and rest breaks, minimum wage payments and so forth. Under California law, retaliation against workers impacted by wage and hour violations that file complaints or pursue legal recourse is also prohibited.
Contact Our Employer’s Defense Team For a Consultation Today
If you are facing a claim of wage and hour violation, it is important to take prompt and meaningful action. Contact LawPLA to learn how we can keep help resolve your wage and hour violations case for the best possible outcome today.