These 2 Mistakes Could KILL Your Paycheck
If You Work Off the Clock or are Misclassified it can cost you.
With the many labor laws in California that protect workers, it is said to be one of the MOST WORKER friendly states. There is a high priority placed on protecting employees from any wrongdoing or misdeed by a co-worker or superior. Even with these laws in place, many employees who scrape by from check to check, are forced to work in less than ideal environments and required to work overtime without compensation. Because these employees fear the loss of a job they are taken advantage of.
Thankfully in California the law goes beyond the protections found in the FLSA (Fair Labor Standards Act), adding our own additional protections to prevent such abuse as threats of reporting immigration status or retaliation against those who speak up against bad conditions.
In California, overtime pay must be paid to any non-exempt worker who is working over eight hours in a single shift, and 40 hours in a week. This definition goes beyond the Federal overtime laws which only require overtime pay once you reach 40 hours in a week.
The two worst offenses to this regulation that are common in California are, misclassifying an employee as being exempt and therefore refusing to pay them overtime, and demanding employees work OFF-THE-CLOCK to complete tasks without being paid. You can learn more about the specific reasons an employee can be considered exempt here.
The law in this area is pretty clear actually; in California you must be PAID for ALL time worked. This looks different all the time, but it may surprise you that one or more of these fit your situation:
-changing into and out of a uniform if required to do so at work
-clocking out before performing “closing duties”
-locking up and making bank deposits after work
-being coerced into clocking out before you are done, with the threat “if it takes you longer than someone else you’ll be replaced.”
These are all examples we have heard from employees who have been cheated out of overtime pay. In California we can go back a full four years to collect this kind of pack pay, and often with penalties and interest. These types of cases can add up quickly, as well as sometimes flagging an institution wide problem that can lead to a class action suit against the company.
Helping employees collect in situations like this is our specialty. We know the laws and can fight to get you the best compensation.
If any of this sounds familiar to you, we urge you to call United Employees Law Group TODAY. You will be given a free and completely confidential case review Let us see if we can help you too.