Inland Empire Wage and Hour Claim Defense Lawyers
The Knez Law Group are wage & hour attorneys servicing Riverside and San Bernardino, as well as Orange County and Los Angeles County. The attorneys at Knez Law Group are experienced litigators who can assist you with your business law needs from start to finish. A major component of your business’s day-to-day operations is tracking and ensuring that your employees are fully paid within a proper amount of time.
A wage and hour claim can result is very costly litigation, and include such claims as employee misclassification, unpaid wages, unpaid overtime, rest and meal period violations, failure to reimburse necessary business expenses, itemized wage statement violations, and Fair Labor Standards Act (FLSA) violations. The labor laws in California continuously change. However, businesses are required to keep up with those changes and adhere to all state and federal employment laws.This includes paying workers a fair wage that meets the minimum standard. It also means providing rest and meal breaks and paying workers overtime when they work more than the standard 8 hours in a workday and/or 40-hour workweek. Employer’s need to regularly review their policies and practices to ensure compliance with federal and state labor and local laws. Employers should investigate any claim by an employee immediately to resolve the matter.
A wage and hour claim can be complicated with various issues such as employees working off the clock, rest and meal periods being interrupted, inaccurate time records, employees using their personal cell phones related to work, employees using their personal vehicle for work, etc. All of these issues raise questions as to the actual amount of time the employee was or was not working and reimbursable expenses. Further, if the employer has not maintained adequate time keeping records or engages in an improper rounding policy, the employer could face significant evidentiary hurdles in litigation.
One area of contention is the distinction between employees and independent contractors. California wage and hour laws only cover employees and do not protect those workers who are labeled as independent contractors. Many California and Inland Empire employers have independent contractors on their payroll. However, these workers may not actually meet the requirements to be independent contractors. With the enactment of AB5, employers face significant risk of misclassification claims by hiring independent contractors. These claims ultimately include wage and hour claims resulting from the misclassification. As such, individuals may file an wage and hour lawsuit against a business based on misclassification.
Employee wage and hour disputes are common in California. When a dispute arises, you need an attorney to review your claim and ensure that you are in compliance with the law. It is also essential to properly defend the claim brought against you to ensure that your business is not exposed to liability including the attorney fees of the plaintiff. If you are an employer facing a wage an hour dispute in California, contact one of our attorneys today for assistance.
Minimum Wage Defense – The current Federal minimum wage is $7.25 per hour. However, states have the option to set minimum wage at an amount that is higher than the wages set by the Federal government. California is one state that has elected to require employers to pay more than the Federal minimum.
In California, the amount employers must pay employees is dependent on the size of the business. For smaller organizations with fewer than 25 employees, the 2017 minimum wage is $10.00 per hour, which will increase to $10.50 per hour in 2018. For all other employers, the minimum wage is currently $10.50 per hour, which will increase to $11.00 per hour in 2018. There are no exceptions to this rule for those who earn tips through employment.
Overtime Pay Defense – California Law requires that employers pay employees overtime pay in certain situations. Overtime pay provisions are triggered when an employee works more than eight hours in any day or 40 hours in one work week. The amount of overtime paid is dependent on the number of hours worked each day and the total number of consecutive days worked in a week. When a dispute arises regarding overtime pay, you need trusted attorneys to thoroughly review a claim and advise you whether settlement or litigation is proper. The Knez Law Group, LLP can assist your business by looking at the facts and circumstances of a claim to determine its validity.
It is important to understand that not every employer is required to compensate employees with overtime pay. However, most employees believe that they are entitled to additional wages for overtime. This is where the assistance of a lawyer can be essential to resolving any legal matter in the most efficient way possible.
Industrial Wage Orders – From time to time, the Industrial Welfare Commission revises the wage orders it issued in 2001 for various industrial professions. These wage orders set forth specific laws, rules, and regulations pertaining to the manufacturing industry, personal services industry, public housekeeping industry, mercantile industry, amusement and recreation industry, and more.
What happens when state and federal employment laws conflict?
In this situation, employers must abide by the law that provides employees with better overall conditions. In general, this will be California law. California specifically enacted Labor Code section 925 which prohibits an employer from requiring an employee who primarily resides and works in California to agree to a choice-of-law of another state in the employment agreement as a condition of employment. California laws are generally stricter than federal laws, and if you fail to comply with these laws, you can face damages, fines, and excessive penalties.
Facing a California Wage and Hour Lawsuit
If your employee believes that you violated California wage and hour laws, they may sue under the California Labor Code. These lawsuits typically seek to collect the unpaid balance of minimum wage or overtime compensation, back pay, interest, and attorney’s fees, and costs. Additionally, the individual/employee filing such a claim may seek to do so as a representative on behalf of other employees by way of a Class Action lawsuit and/or suit under the Private Attorney General Act (“PAGA”). The cost of litigation for such representative matters can be significant. Further, such representative actions can cause tremendous harm to your business and can strip your growing company of the resources it needs to succeed in today’s market.
Wage & Hour Lawyers Serving the Inland Empire, Los Angeles and Orange County
Knez Law Group, LLP are experienced attorneys defending business against wage & hour claims & lawsuits. We serve Riverside, San Bernardino, Los Angeles, Orange County and San Diego. If you are an employer who needs immediate advice from an experienced defense attorney in the Inland Empire for matters involving wage & hour claims, overtime or minimum wage contact The Knez Law Group today at (951) 742-7681.