One of the basic tenants of the worker and employer relationship is that employees receive payment for the time they work. While this arrangement is supposed to be straightforward, some employers try to bend the rules or withhold payment to their employees. Because wage theft is one of the most common employment problems that workers face, every employee should be aware of some common ways that businesses withhold wages from workers and the steps you can take to get compensation.
Some unscrupulous employers may attempt to withhold your overtime pay, or they may inaccurately calculate your wages. Workers should keep track of the time they work and compare that to their paycheck. Some businesses may also classify their employees as independent contractors so they can deny overtime payment and pay workers under the minimum wage. Misclassified employees may be able to get compensation from their employer for unpaid overtime, employment taxes and other forms of lost income. Additionally, keep in mind that nonexempt workers in California have a right to meal and rest breaks depending on the length of their shift.
The California Labor Code section 250 requires employers to give workers a 30-minute meal break if they work for more than five hours in a day. Employees who work at least three and a half hours in a day must receive a 10-minute rest break for every four hours worked or major fraction thereof.
If you believe that your employer failed to pay your full wages, please call us at (818) 630-7280 to schedule a free consultation with an attorney.