What You Need To Know About Labor Commissioner Claims
The California Labor Commissioner’s Office handles wage claims made under the California Labor Code and state employment regulations. The most common wage and hour claims are for those situations below.
Unpaid Overtime Compensation
California protects employees who work overtime. With very limited exceptions, you must be paid overtime compensation when you work more than eight hours in a day or more than 40 hours in a week. Overtime is paid at the rate of 1 1/2 or double time your regular hourly rate of pay. An employer who willfully fails to pay overtime compensation to an employee will likely also owe that individual substantial monetary penalties.
If you believe that you are owed overtime compensation, please contact Anticouni & Ricotta.
Minimum Wage Issues
Many employers fail to pay employees the California minimum wage. The 2020 wage for employers with 26 or more employees was $13, and for employers with 25 or fewer employees, it was $12. Substantial penalties are assessed against an employer every payday it fails to pay an individual California’s minimum wage.
If you believe that you are not being paid California’s minimum wage, please contact Anticouni & Ricotta.
Misclassification Of Salaried Employees
Employers often deny overtime pay to an employee because they give an individual the title of “supervisor” or “manager” and then classify the employee as “exempt.” Exempt means there is no overtime compensation. However, determining whether an employee is legally considered an exempt manager or supervisor is more complex than employers may wish it to be. Under California law, only your actual duties determine whether you are eligible to receive overtime pay – your job title is irrelevant. If you meet any of the following requirements, then you are probably not legally considered exempt, and you should be eligible for overtime compensation back pay:
- You spend more than half your time doing routine tasks.
- You do not supervise at least two employees.
- Your salary is less than two times the minimum wage.
If you believe that you have been misclassified, please contact us at Anticouni & Ricotta. If you have been misclassified as an exempt employee, then we will help you obtain overtime compensation back pay.
Misclassification Of Independent Contractors
Many employers treat some individuals as independent contractors when, in fact, the individuals are legally employees. An employer who classifies employees as independent contractors usually does so in an attempt to avoid the benefits that employees are entitled to under both the Labor Code and tax laws.
Independent contractors who have been incorrectly classified are entitled to substantial compensation and benefits. If you believe that you have been misclassified as an independent contractor, call us for a free consultation.
Vacation Pay
Although employers are not required to provide their employees with paid vacations, most do. Vacation pay becomes vested throughout the year. For example, if you are entitled to two weeks of paid vacation a year and you leave the company after six months, then you are entitled to be paid for one week.
Paid vacation benefits become vested as earned. Whatever vacation pay is due to you, you must be paid it when you leave the company.
If you believe that you are owed vacation pay, please contact Anticouni & Ricotta at 805-699-5968 or by email.