You Deserve the Wages You Earned for the Work That You Did: Let a Wage and Hour Attorney Help You
When it comes to their pay, many employees are perplexed. A widespread misunderstanding is that your pay is the same as your salary or compensation. Keep in mind that your pay is made up of more than just your hourly rate – it also includes any and all remuneration given to you by your employer in exchange for services done.
You are entitled to the full pay benefits provided by federal and state wage and hour regulations whether you work full-time or part-time, or on a piecemeal or commission basis. These include the minimum wage of $13 as of January 1, 2021 for employers with less than 25 employees and $14 for companies with more than 25 employees, as well as bonuses, perks, compensation, and payment. The minimum wage changes each year. On January 1, 2022 the minimum wage goes up to $14 (if less than 25 employees), $15 (if more than 25 employees). On January 1, 2023 the minimum wage goes up to $15 for employers with less than 25 employees. The State Minimum Wage Chart can be found here: https://www.dir.ca.gov/dlse/faq_minimumwage.htm. The exact hours (including rest intervals and food breaks) billed for one day of work, overtime pay, and any mandatory leaves must all be included in your salary calculation.
It’s not easy to figure out your total salary because there are so many variables to consider, such as your base pay, split shifts, alternate work schedules, night differential, tips, and other sources of revenue or compensation.
As a result, if you believe your employer is treating you unfairly, you should get legal counsel from DLC Law. We are well-versed in the legal rights of employees under the Fair Labor Standards Act, the Equal Pay Act, Labor Code regulations, and the Industrial Welfare Commission’s Wage Orders. Call us now at (626) 285-8815 for a consultation.
With the help of a wage and hour lawyer, you may enforce your wage and hour claims
As a California employee, you should be aware that you are protected by law against salary reductions, which include any income or recompense for work you’ve done. It makes no difference whether you work full-time, part-time, or on a piecemeal basis. Both federal and state laws guarantee that you get at least the minimum wage.
What are California’s wage and hour laws and how do they protect you?
Aside from the federal Fair Labor Standards Act and its accompanying rules and regulations, California has its own laws in place to deal with concerns like unfair or underpaid wages. Various Labor Code sections and Wage Orders of the Industrial Welfare Commission are included in these wage and hour legislation.
The Fair Labor Standards Act (FLSA) is a federal law that protects you
All workplace laws and labor standards in the United States are governed by the Fair Labor Standards Act (FLSA). This federal legislation establishes the minimum wage and other requirements that employers must meet. Some jurisdictions, such as California, allow for the adoption of legislation that safeguard employees to a far higher level. When it comes to power, the law that favors employees generally takes precedence.
The FLSA, like the California Labor Code, offers a mechanism for employees who have been harmed to file wage and hour violations claims with an administrative agency. Such claims are handled by the Department of Labor’s Wage and Hour Division in such situations. However, in many circumstances, bringing an FLSA claim is less desirable than pursuing a claim under the California Labor Code. This is due to the fact that California law provides employees with stronger rights than federal law.
For example, California has set a higher minimum pay than the federal minimum wage and offers more overtime privileges than the FLSA. When California wage and hour law is more beneficial to employees than federal law, it is only natural for employees to pursue claims with the state agency in charge of implementing state law—the California Division of Labor Standards Enforcement (DLSE).
The Division of Labor Standards Enforcement is in charge of enforcing state labor laws
Aside from the federal safeguards stated above, harmed employees in California are additionally protected by the Labor Code and a slew of state-written and enforced laws. Wage and hour regulations often include problems such as when and how wages are paid, minimum wage standards, and obligatory overtime compensation.
Employee complaints concerning infractions of these rules and regulations can be investigated and heard by the DLSE, which can then issue a judgment as long as the case falls within its authority.
When it comes to employment and labor law concerns, it is essential to get legal advice from a wage and hour lawyer if you are unfamiliar with the legislation mentioned above. Apart from the complexity of the laws, there is also the issue of following the necessary or suitable legal procedures in making your claims and collecting your due recompense from your negligent or unjust employer.
Wage and hour violation claims require evidence
In order to obtain adequate compensation from the other party, proof or evidence is required in your wage and hour violation suit. As a result, before submitting your lawsuit, make sure to retain all of your employment records or at the very least try to acquire them from your employer, as these papers can easily be deleted or modified.
The following, but not limited to, evidence would be required to show non-payment or underpayment of your wage:
- Basic time and earning cards
- Tables of wage rates
- Work schedules
- Orders, shipping, billing records
- Additions to or deductions from wages records
Apart from the preceding, you can acquire records of previous complaints against your company for violations of comparable Labor Code articles, and you can enlist the assistance of your coworkers by requesting witness statements of their own experiences and unfair treatment by your employer.
Seek legal advice from the best wage and hour lawyers
With all of the required procedures and regulations, having top wage and hour lawyers on your side is your best bet for receiving the compensation you deserve. If you want to ensure that you are able to claim the remainder of your wage and hour compensation as well as seek remuneration for damages such as pain and suffering, you should seek legal help from DLC Law as soon as possible. Call us now at (626) 285-8815 to get started.