Employment Law
(323) 744-1671    Mon - Fri: 9am - 6pm

 

Wage and Hour Violations

The AVjustice Law Firm aggressively advocates on behalf of workers who have been taken advantage of by their employers. Our attorneys handle wage and hour claims involving employer violations throughout California.  For proven violations, California’s labor laws provide for the payment of all unpaid wages, penalties, other damages, and in most cases your employer will be required to pay your attorney’s fees.

Minimum Wage Laws

Federal and state laws require that your employer pay you minimum wages and, in many cases, overtime wages.  California employees are entitled to be paid at least $9.00/hour, effective July 1, 2014. The California minimum wage will increase to $10.00/hour effective January 1, 2016. If you are not being paid the current minimum wage, your employer may have violated these laws and you may be entitled to damages.  

Tips and gratuities cannot be counted by employers towards the minimum wage payment.  Employers must pay you the full minimum wage of $9.00/hour, regardless of how much you earn in tips.

Overtime Laws

Under the Fair Labor Standards Act (FSLA), employees must receive overtime pay (1.5 times the regular hourly rate) for all hours worked in excess of 40 hours in a work week unless their job duties qualify them as “exempt” from overtime provisions. If you are an hourly employee you most likely qualify as “non-exempt,” therefore your employer must pay you overtime when you work more than 8 hours in a workday and/or over 40 hours in a work week.  If you are paid a salary instead of an hourly wage, you may still be entitled to overtime wages. Your job duties and responsibilities determine if you must be paid overtime, not your job title or salary status.  Call us for a free consultation 323-744-1671 and to determine whether you qualify for overtime pay.

Meal and Rest Breaks

Employers must provide employees with an opportunity to take meal and rest breaks. In California, an employee must be permitted to take an uninterrupted 30 minute meal break and 2 ten minute rest breaks per 8 hour shift. During these meal and rest breaks the employer must relieve the employee of all duties during those breaks. Employers who fail to provide employees with an opportunity to take uninterrupted meal and rest breaks may be liable for unpaid wages and penalties.

PAYSTUB VIOLATIONS

California Labor Code § 226 requires employers to include the following categories of information on paystubs accompanying your checks: (1) gross wages earned; (2) total hours worked; (3) the number of piece-rate units earned and any applicable piece rate; (4) all deductions; (5) net wages earned; (6) the inclusive dates of the pay period; (7) the name of the employee and the last four digits of his/her social security number or an employee identification number (that is different than the employees social security number); (8) the name and address of the legal entity that is the employer; and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate.

If your paystub lacks any of the information listed above, your employer may be liable for civil penalties and you may be entitled to damages for each paystub you were issued in violation of Labor Code § 226.  You may also be entitled to have your employer pay your costs and attorney’s fees.
 
Other Violations

  • It is unlawful for employers to require employees to spend their own money for work but refuse to reimburse them
  • It is also unlawful for employers to require employees to use their personal cell phones for work related purposes and/or their personal vehicles without paying the employee for the cell phone use or use of their vehicle
  • Individuals who have been misclassified by their employers as independent contractors rather than as employees
  • Applicants for employment who have been forced to fill out an application that asks illegal questions
 
Wrongful Termination

The law prohibits employers from firing employees (including “at-will” employees) in a variety of circumstances.  Call us at 323-744-1671 for a free consultation if you believe that you have been fired for any of the following reasons:

  • Acting as a “whistleblower” with regard to corporate wrongdoing (if you have information about corporate wrongdoing, you may also be entitled to a substantial financial award from the U.S. Government)
  • Refusing to engage in illegal or unethical activities
  • Complaining about wage and overtime practices
  • Objecting to discrimination or harassment
  • Questioning whether your employer has given you or other employees appropriate meal and rest periods
  • Complaining about accounting irregularities
  • Protesting fraudulent activity towards customers, vendors, or business partners
  • Challenging your employer’s decision to classify individuals as independent contracts when they are really employees
  • Taking necessary medical leave or participating in jury duty
  • Engaging in lawful conduct outside the workplace
  • Filing a claim for workers’ compensation benefits
 
If you have knowledge regarding corporate wrongdoing by your employer or by any other business (including a competitor), you may be entitled to a substantial reward from the United States Government if you act as a “whistleblower” and provide that information to the government. For example, the U.S. Congress created the Dodd-Frank SEC Whistleblower Program to provide monetary incentives for individuals to come forward and report possible violations of the federal securities laws to the SEC. Under the program, eligible whistleblowers are entitled to an award of between 10% and 30% of the monetary sanctions collected in actions brought by the SEC and related actions brought by other regulatory and law enforcement authorities. Similarly, Congress also created the IRS Whistleblower Program allows citizens to submit information showing that individuals and corporations have underpaid their federal taxes. Depending on the quality of information provided by a whistleblower, he or she is entitled to 15% to 30% of the taxes recovered as a result of the assistance. The U.S. government also has a False Claims Act that allows the government to punish contractors who defraud government. Under the False Claims Act, anyone with evidence of fraud against the government who sues and recovers any amount will be eligible for between 15% and 30% of the total recovery. 
 
Whistleblower Programs That May Reward You For Reporting Wrongdoing

The lawyers at The AVjustice Law Firm can help you navigate through the state and federal whistleblower programs that may reward you for reporting fraud by your employer (or competitor) committed against the federal or state government or for assisting the Securities and Exchange Commission in enforcing U.S. securities law. 

If you have knowledge regarding corporate wrongdoing by your employer or by any other business (including a competitor), you may be entitled to a substantial reward from the United States Government if you act as a “whistleblower” and provide that information to the government. For example, the U.S. Congress created the Dodd-Frank SEC Whistleblower Program to provide monetary incentives for individuals to come forward and report possible violations of the federal securities laws to the SEC. Under the program, eligible whistleblowers are entitled to an award of between 10% and 30% of the monetary sanctions collected in actions brought by the SEC and related actions brought by other regulatory and law enforcement authorities. 

The U.S. government also has a False Claims Act that allows the government to punish contractors who defraud government. Under the False Claims Act, anyone with evidence of fraud against the government who sues and recovers any amount will be eligible for between 15% and 30% of the total recovery.

Similarly, Congress also created the IRS Whistleblower Program allows citizens to submit information showing that individuals and corporations have underpaid their federal taxes. Depending on the quality of information provided by a whistleblower, he or she is entitled to 15% to 30% of the taxes recovered as a result of the assistance. 
 
The IRS Whistleblower Program

The IRS Whistleblower Office, which was established by the Tax Relief and Health Care Act of 2006, processes tips received from individuals who spot tax problems in their workplace, while conducting day-to-day personal business or anywhere else they may be encountered.

Such a tip could result in an award worth between 15 and 30 percent of the total proceeds that IRS collects could be paid, if the IRS moves ahead based on the information provided. Under the law, these awards will be paid when the amount identified by the whistleblower (including taxes, penalties and interest) is more than $2 million. If the taxpayer is an individual, they must have at least $200,000 in gross income.

If you believe that you have information regarding a business not paying all taxes owed, call us at 323-744-1671 today.
The National Trial Lawyers

 

Free Consultation
(323) 744-1671
Hablo Español

Login

Register

You need to enable user registration from User Manager/Options in the backend of Joomla before this module will activate.