So-called “wage and hour disputes” can arise from various scenarios, including minimum wage violations, scheduling issues, missed breaks, and unpaid overtime. In California, strict labor laws exist, which reinforce and expand existing federal regulations to protect employees from exploitation and provide them with avenues for recompense if they do not receive proper compensation for their work.

Some different types of wage and hour disputes include:

• Unpaid Overtime – Unpaid overtime is, unfortunately, a prevalent issue in several California industries. Aside from a few limited exemptions, employers are legally required to pay their employees overtime pay (usually calculated as 1.5 times normal pay) for any hours worked over eight in a single day or over 40 in the same week.

  For example, a worker making 25 dollars hourly would earn $1,000 for a standard 40-hour work week. If that worker put in 45 hours in a single week, however, they would be owed $1,187.50 (rather than $1,125, or $25 x 45 hours) because those 5 hours in excess of 40 must be compensated at an overtime rate of $25 x 1.5, or $37.50. (Note that, for simplicity’s sake, these are gross pay calculations and do not account for taxes or any other deductions.)

  Now imagine this happening to our hypothetical worker every single week: they work their 45-hour schedule consistently but are only ever paid their base rate with no overtime. This weekly shortchanging of $62.50 adds up to $3,250 in the span of a single year–a significant amount of money for any working family.

  In some scenarios, such as extraordinarily long shifts, you may even be owed double your normal wage. The unpaid overtime team at Theory Law can help you calculate exactly what your claim is worth so that you receive every dollar you’re entitled to.

• Minimum Wage Violations – While overtime is indeed central to many wage and hour disputes, it does not necessarily need to be a factor for such a dispute to arise. For example, California has an elevated minimum wage compared to the federal rate, with certain cities having mandated even higher minimum wages. Legal action can be taken against employers who fail to comply with state or municipal-level minimum wage laws.

  In the context of today’s discussion on unpaid overtime, we should note that minimum wage employees, as well as those classified as “part-time,” are also entitled to time-and-a-half overtime pay if they work more than 8 hours a day or 40 hours a week. Bad faith employers will sometimes use an entry-level employee’s presumed lack of labor law knowledge against them in these situations. Theory Law is here to help you understand and assert your rights.

• Meal and Rest Breaks – Some workers mistakenly believe that rest and meal breaks are only a matter of company policy and will vary from workplace to workplace. The reality is that labor laws explicitly entitle workers to meal and rest breaks based on the total length of their shifts. You may be able to file a claim for substantial compensation if your boss has a pattern of forcing you to “take a working lunch” or forgo breaks altogether.

  You may additionally be owed unpaid overtime if you were instructed to clock out for breaks to keep your shift under 8 hours but were then expected to work through those breaks.

• Misclassification – Sometimes, employers will deliberately misclassify their employees as independent contractors to avoid paying for benefits, or so they can use a contract to disguise what is effectively a below-minimum-wage pay rate. The rise of gig work and certain types of remote jobs has, unfortunately, only made this more common.

  However, the growing problem has also gotten the attention of regulators and officials, meaning courts in California may be primed to hear these claims.

  One of the main reasons for misclassification is–you guessed it–in an effort to avoid paying overtime. Independent contractors are usually paid on a per-project basis or paid a lump sum to complete a certain list of tasks. This means that hourly wage rules regarding overtime (as well as certain other labor protections and employee perks) do not apply to them.

  If you are working as an independent contractor but suspect you should actually be working as a regular employee, please reach out to Theory Law for assistance evaluating your claim. One good clue to remember: if your employer requires you to show up for specific, scheduled shifts, there is a good chance you may actually meet the legal definition of an employee rather than a contractor.

  A successful claim could entitle you to back pay, unpaid overtime, and/or compensation for other lost benefits.

Now that you understand a bit more about the legal framework surrounding unpaid overtime, as well as how it intersects with so many other key employment law issues, you will be better equipped to collaborate with your Riverside employment lawyer.

When you’re ready to take the next step toward achieving justice, please contact Theory Law to schedule a confidential and productive consultation session wherein we can begin to lay the groundwork for moving forward with your claim for unpaid wages.