U.S. federal law and the employment laws in California have several minimum hourly wage laws to protect non-exempt employees in the state. However, as these laws frequently change and are complicated, it can be difficult for employees to figure out the exact minimum hourly wage that their employers must pay them. Some employers may take advantage of this to underpay or avoid paying their employees for the work they have done.

By hiring a wage and hour attorney Los Angeles employees can figure out if their employer has violated a federal or state law and explore options to challenge the employer’s illegal conduct.

Minimum wage laws in California

As per the Federal Labor Standards Act, employees must receive $7.25 as a minimum hourly wage. The California Labor Code requires employers with 25 or fewer employees to pay their employees $12 as the minimum hourly wage. If an employer has 26 or more employees, they must pay them $13 as a minimum hourly wage. Then there is the Los Angeles Living Wage Ordinance, according to which employees in Los Angeles must receive $15 as minimum hourly wage from their employers.

It may seem straightforward, but there are specific exceptions, exemptions, and requirements for each of these laws. Employers must generally follow the one that affords maximum wage benefits to their employees. If you have concerns that your employer is not abiding by these laws, it is advisable to get expert legal counsel. Search online for “wage and hour attorney Los Angeles” to find an experienced and competent lawyer.

How a wage and hour attorney can help you

With their experience in different facets of employment law, a wage and hour attorney understands that the minimum wage laws in California can vary in their application. It is essential to calculate the minimum hourly wage for each employee according to their particular work situation. For instance, the employer must take into account the statutory minimum wage and if there are any applicable sub-minimum wage provisions. They must also consider if there are any applicable credits or any split-shift premium due to the employee.

Before hiring a wage and hour attorney Los Angeles residents can approach them for a complimentary case evaluation. They will review your specific case and determine if:

The employer has not paid a minimum hourly wage

You have received less pay than the legally prescribed minimum hourly wage. For instance, your employer might pay you the federally mandated $7.25 per hour but ignore the higher hourly pay required by the California Labor Code or the Los Angeles Living Wage Ordinance.

The employer has not paid overtime work

You have not received compensation for overtime work. Any work that you do for your employer must be compensated for properly, whether it is on their premises or off their premises. So, you must be paid for the time you spend checking emails, being on-call, cleaning office equipment, preparing office equipment, taking a training class, undergoing security checks, and other work-related matters.

The employer has miscalculated weekly overtime pay

You have not received the correct amount of weekly overtime pay. For instance, if you work for 50 hours in one week and 60 hours in the next, you must be compensated for the hours you worked overtime. Instead, some employers calculate the average of the hours and try to cheat you out of the overtime pay you deserve.

The employer has misclassified your work status

Your worker status is misclassified as exempt or an independent contractor to avoid paying you the correct dues. By such misclassification, the employer can avoid paying you for all the hours you have worked overtime.

There are also other forms of wage theft that employers may engage in, and that is why you need a wage and hour attorney to look after your interests.

If there has been a wage and hour violation on the part of your employer, the wage and hour attorney will take on the case, collect the necessary evidence against your employer, and help you file a lawsuit. Depending on how the case goes in court, you may be able to collect compensation for unpaid wages for up to three years and additional damages.