Wage & Hour Violations

Overview

CPM represents workers and classes of employees in wage and hour lawsuits. Wage and hour violations occur when employers fail to pay workers for all of the work they have performed. Such violations can manifest themselves in several ways, including:

Overtime: Employers often fail to pay overtime wages for overtime labor. Under California law, non-exempt employees are entitled to time-and-a-half of their regular rate of pay when they have worked more than 40 hours in a week or more than 8 hours in a day. The federal Fair Labor Standards Act establishes that non-exempt workers are, at a minimum, generally entitled to time-and-a-half pay once they’ve worked more than 40 hours in any given week.

Federal and State Minimum Wages: Employers often fail to pay federal and/or state minimum wages. Although this can occur in a variety of contexts, the failure to pay minimum wages often occurs when employers have misclassified employees as “exempt” or as “independent contractors.” See Employee Misclassification.

Meal & Rest Breaks: Under California law (and other state laws), employers are required to provide meal and rest breaks. Violations of these laws can occur when employers exclude rest breaks from pay or otherwise adopt policies that discourage workers from exercising their right to meal and rest breaks.

Tips & Commissions: Employers often unlawfully withhold tips and commissions from service industry workers.

Failure to Pay Wages for All Time Spent Performing Work: Employers sometimes fail to pay employees for all time spent performing required work, such as putting on and removing protective clothing essential to performing a job (so-called “donning and doffing” violations) or for time spent traveling to job sites.

Misclassification: Employers often fail to pay overtime, reimburse necessary expenses, and/or provide meal and rest breaks due to their misclassification of employees as “exempt” or as “independent contractors.” See Misclassification.

Pay Cards: Some companies pay employee wages through the use of debit cards that have fees and other unfavorable provisions.

Failure to Reimburse for Business Expenses: Employees are entitled to reimbursement of expenses for employment-related purposes.
Vacation Pay and Other Benefits Accrued by Hours Worked: “Use-it-or-lose-it” accrued vacation policies can often run afoul of state law.

If you would like to discuss your potential or pending wage and hour violations case, please follow up with Adam Zapala.