Legal Claims For Unpaid Wages And Overtime Pay

Many employers try to be as secretive as possible when it comes to discussing compensation policies. They may cite concerns over employee privacy, but in many cases, they don’t want employees talking to one another about pay practices that may be unfair or even illegal. Unfortunately, too many workers don’t understand their rights, which makes it easier for employers to engage in violations of wage and hour laws.

If you or your fellow employees have been asked to work off the clock, denied minimum wage or overtime pay, or denied meal and rest breaks, contact our skilled legal team at Cohelan Khoury & Singer. Our firm has been fighting for the rights of California workers since 1981, and our lawyers have more than 200 years of combined legal experience. They will listen to your concerns and let you know if you have the right to file a lawsuit for labor and employment wage claims.

Common Allegations In Wage And Hour Claims

The first step toward combatting wage violations is to recognize them. Common examples include:

• Underpayment of wages due to an employer’s policy of paying employees for rounded time entries rather than actual time-clock entries
• Failure to raise workers’ overtime rate of compensation to account for bonuses, shift differential or commissions above hourly pay
• Failure to fully reimburse for necessary business expenses incurred in the performance of job duties
• Failure to compensate workers for time spent donning and doffing protective gear before clocking in before their shifts begin, walking to and from their workstations, and clocking out at the end of the shift
• Failure to pay prevailing wages for work performed on public works projects
• Failure to timely pay all wages owed at termination (three days for voluntary separation, same day for involuntary termination)
• Failure to pay all accrued vacation wages at termination
• Failure to pay separate minimum wage for nonproductive time when paying under a piece-rate system or commission sales employees, including the requirement to pay separate hourly pay for rest periods
• Failure to pay the state or local minimum wage

We understand wage and hour laws in California, and our attorneys can inform you about all your legal options for reimbursement.

Unpaid Time Violations Under California Labor Law

Employers must pay at least minimum wage for all hours that an employee works, regardless of whether payment is on an hourly basis, by commission, by piece rate, flag rate, per session or otherwise. It is not permissible for an employer in California to “average” pay over the course of the day from compensated time to cover the minimum wage obligation for uncompensated hours. This time must be separately compensated.

For example, personal trainers, massage therapists, nail technicians, estheticians, automobile mechanics, retail sales employees, insurance premium auditors, and others paid by session, client, piece rate, or commission who perform duties outside of their commissionable time must be paid at least minimum wage for this time.

In addition, employees paid by piece rate, commission or session work must be separately paid for 10-minute rest periods. Every nonexempt employee is entitled to a paid 10-minute rest period for every four hours or major fraction worked. Since employees working by commission or piece rate do not receive compensation for rest period, employers must pay this time at the employee’s regular rate of pay.

Class Action Lawsuits For Claims Related To Wages, Overtime, Commissions And More

Our wage and hour lawyers know from experience that when a company treats one employee unfairly, they usually treat the group of employees unfairly. Wage and hour class action attorneys file employment class action lawsuits on behalf of employees who have been cheated of commissions, meal and rest periods, expense reimbursements, minimum wages, overtime wages and regular compensation by their employers. Wage attorneys at Cohelan Khoury & Singer are leaders in class action litigation in California employment matters as well as nationwide claims under the Fair Labor Standards Act.

Frequently Asked Questions About California Wage And Hour Claims

To provide some clarity to your uncertainties, here are five FAQs our clients ask us about California’s wage and hour claims.

What is the statute of limitations for filing a wage and hour claim in California?

In California, employees have a three-year statute of limitations for filing wage and hour claims. These claims may pertain to unpaid overtime compensation, recovery of earned wages, claims for missed meal and rest periods, or claims for unpaid minimum wages.

If you are filing a wage violation claim related to a breach of your written employment contract, you have four years from the date you signed the legal document to sue your employer.

Can my employer retaliate against me for reporting unpaid overtime or missed meal breaks?

No, it is illegal in California for employers to retaliate against their workers for simply exercising their rights to file a claim for unpaid wages. If you feel you are being threatened by your employer, speak to an attorney for legal guidance and support.

If I am misclassified as an independent contractor, am I still eligible for overtime pay?

If your employer misclassified you as an independent contractor, you are not eligible for overtime pay. However, you have the option to file a civil lawsuit against them or file a claim with the California Labor Commissioner for your unpaid overtime wages.

Am I entitled to be paid for time spent waiting in security lines or performing “off-the-clock” prep work?

In California, employers are generally required to pay for time spent waiting in security lines or performing “off-the-clock” prep work, such as going through exit searches of their personal bags and other belongings.

How long does a wage and hour class action lawsuit take to resolve in California?

The resolution time for such cases varies significantly based on several factors, including the parties’ willingness to settle, the complexity of the case and the court’s caseload, and may take between several months and several years to complete.

Schedule A Free Confidential Consultation With Our Wage And Hour Lawyers

Based in San Diego, Cohelan Khoury & Singer serves clients in Orange County, Los Angeles, Sacramento, the Bay Area and throughout California. If your employer has treated you unfairly, and you believe you have been subjected to withheld wages, pay or compensation, our skilled attorneys are here to help. Contact us today at Call for a free consultation and case evaluation. You may also send us an email to schedule your appointment.