You should be paid for your work – it’s that simple.
The law guarantees your right to your earned wages. Unfortunately, employers do not always follow—or care about—employee compensation laws.
Employers avoid paying employees in multiple ways: by failing to pay minimum wage and overtime, by withholding meal and rest breaks, and by misclassifying employees as independent contractors. No matter what form it takes, wage theft is illegal. Employers must pay employees what they deserve—or face significant penalties under the law. If you have experienced wage theft, you may have the right to recover your earned wages as well as additional damages aimed to prevent employers from committing wage violations.
California law protects you, but it may be up to you (and your attorney) to enforce it. The attorneys at Hillier DiGiacco LLP have forced numerous employers to halt their illegal wage practices and compensate employees for wage theft. Get in touch today to see if we can help!
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There’s no such thing as a “trivial” violation of an employee compensation law. If you think you or your co-workers have been subjected to any of these illegal actions, contact Hillier DiGiacco LLP to schedule your free consultation. You’ll have the opportunity to speak with an experienced employment law attorney who can guide you through the legal process.
Andrew Hillier – Founding Partner
You are entitled to wages for each and every hour you work – no exceptions. And it’s your employer’s responsibility to make sure you are paid for your time. If your employer forced you to work off the clock or work through your breaks, you may be entitled to compensation for wage theft.
If you work overtime, you should be paid overtime. In California, you are guaranteed overtime pay (at least 1.5x your regular pay rate) for every hour you work more than 8 in a day or more than 40 in a week. If your employer is shortchanging your overtime pay, you may be entitled to backpay and additional compensation.
Meal and Rest Breaks
You deserve a break, and the law requires your employer give you one. For most employees, every four hours of work must include a 10-minute paid rest break, and any employee working more than 5 hours must receive a 30-minute meal break. If your employer doesn’t provide those breaks, you may be entitled to compensation.
Employers will often call their employees something different, like “independent contractors”, to avoid paying wages, providing benefits, and contributing to insurance and retirement plans. If your employer classified you as an independent contractor or gave you a tax form 1099, you may be owed significant compensation for the misclassification.