Employers are financially liable for violations of wage and hour laws, including unpaid meal and break time, tip pool violations, unpaid commissions, and misclassification of employees in order to avoid paying overtime.
At the San Jose law office of Phillip J. Griego & Associates, we handle employment law cases involving unfair business practices and labor law violations. If you have questions regarding working off the clock, allocation of tips, or unpaid wages, contact the wage and hour claim lawyers at Phillip J. Griego & Associates to schedule an appointment.
Wage and Hour Disputes, Unpaid Commission, Class-Action Lawsuits
The Fair Labor Standards Act (FLSA) and California labor law require employers to pay minimum wage ($8.00 in California), to pay overtime to nonexempt workers, and to pay for missed breaks and meal times. The labor law attorneys at Phillip J. Griego & Associates represent workers and businesses in individual and class action wage and hour disputes involving:
- Unpaid commissions and bonuses
- Incentive plan pay disputes
- Minimum wage violations
- Overtime pay violations
- Labor law violations covered by the California Private Attorneys General Act
- Meal and rest breaks violations
- Pay stub violations
- Improper tip-pooling
Wage and Hour Disputes and the Classification of Employees
In California there are three basic kinds of exempt employees: administrative employees, executive employees and professional employees. An employee is exempt from receiving overtime pay if he or she exercises independent judgment and discretion when performing his or her job duties.
However, exempt status under FLSA does not necessarily mean the employee is exempt under California labor law codes. While a primary determining factor is judgment and discretion in doing one's job, a proper classification for a specific job may also require the employer to consider how much time the employee spends doing each job task. Additionally, classifications for employees can vary by job and industry.
This is why it is vital to consult an experienced labor law attorney in any dispute involving the exempt or nonexempt status of an employee.
Contact San Jose Labor and Employment Law Attorneys
If you are involved in a wage and hour dispute, contact an experienced San Jose labor law attorney. Now available to see clients in Alameda County and the East Bay Area: Call 925- 364-4655.