Going out for sushi is an activity many Los Angeles residents enjoy on a regular basis. For those who make a living in the restaurant industry, there is often plenty of overtime to be found throughout L.A. Those who put in extra hours expect to be paid for their labor - especially in the food industry where more hours can translate into aches and pains at best and exhaustion at worst. For some workers at a local chain of sushi establishments, their extra hours are only now being compensated.
Asserting workers' rights in wage and hour disputes
When workers are paid by the hour, they expect that they will get paid for every minute that they're on the job. Most hourly employees in the Los Angeles area likely anticipate that, with the exception of taxes, their paycheck will reflect the actual number of hours worked. Moreover, there are laws and regulations in place to ensure wage and hour violations are rare. Still, not every employer follows the law and, as a result, some local workers may not get paid for all of their hard work.
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With the holidays rapidly approaching, many residents of L.A. may be working overtime this month in order to save-up for gifts and festivities. Some may be eyeing opportunities for overtime after the New Year in order to pay down their credit card debt and other recent holiday expenses. In any event, overtime is meant to result in more money for the worker, which is why the worker is putting in the extra hours in the first place.
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Employees of a company often enjoy significant benefits from their employer. Independent contractors, although they are often paid more money than employees, do not enjoy these benefits and have to cover the related expenses from their salary. It is therefore important to properly identify these types of workers to ensure that they are being appropriately compensated.
California workers often struggle with wage violations
When a California resident takes a new job he often agrees to do certain occupational tasks in exchange for compensation. That compensation can include wages, job-provided insurance, and other benefits that allow the worker to lead a productive and comfortable life. When his employer fails to provide him with the compensation that he deserves, the worker may feel that his employer is taking advantage of him.
Exempt and non-exempt employee classification
Wage and hour disputes between employers and employees can originate from various circumstances, the most common including a company failing to pay their employees properly for overtime payments, or they may purposely or inadvertently classify their employees incorrectly. Employee misclassification can lead to improper benefit provisions and inaccurate wages paid to employees.
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Businesses seek to gain profits, and this goal extends to their workforce as well. However, some employers act in violation of the law to save money on benefits and wages to be paid to their employees.
Misclassifying employees can be a way of denying their rights
The classification of employees is a highly important factor in determining their benefits and other rights. Full-time employees may be classified as exempt or non-exempt. Non-exempt employees are entitled to receive overtime pay if they are required to work more than 40 hours in a week to complete their job responsibilities. However, companies often attempt to classify these employees as exempt in an attempt to get around the obligation to pay increased overtime rates.
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Santa Monica wage and hour violations are actions conducted by an employer that negatively impact the payment of earned compensation to their employees. Such activities may include classifying employees as independent contractors when they are technically full-time employees, paying employees less than minimum wage and refusing to pay employees for overtime work.
Employment requirements for overtime in California
The state of California provides that employees are entitled to overtime pay, if they meet certain requirements. Any employee that is classified as non-exempt and over the age of 18 may not work over eight hours in any day or 40 hours in any week without receiving overtime pay for the excess hours worked. Overtime pay is one and a half time the employee's regular pay.
