You should contact as if you think you might have a claim because there are many wage and hour violations that employers and employees are unaware of. For instance, some employees don’t know that you don’t have to pay for your work uniform or to have uniforms dry cleaned. Another important thing to know is that you automatically get paid time and a half as soon as you work on the seventh consecutive day of the work week. Also, employees have to be paid to don and doff, meaning if they are getting dressed up in their work uniforms at work, they have to be paid for that time. Also, employees have to be paid at least minimum wage when they are going through bag and clothing checks at the workplace.
Wage and hour and Labor code violations including unpaid wages, late pay, bounced pay checks, unpaid overtime, missed meal breaks and rest breaks, show up or reporting pay, split shift pay, failure to provide drinking water, unpaid vacation time, wait time penalties, record keeping failures, pay stub violations, reimbursements, uniform deductions, forced purchase of employer food or products, tip pooling or stealing, unfair time shaving or time rounding, failure to provide a chair, protests of unsafe work conditions, piece rate claims falling under the minimum wage, misclassification as salary employee, misclassification as contractor.
There are also advantages that an employer may make use of under the law. Employers may use meal waivers under certain circumstances, and non-profit employers may even pay less than minimum wage where they have an intern who meets the standards for an “intern”. Employers may also apply to the Department of Labor for an exemption from minimum wage requirements where the purpose is for education. For employers, we also can help you defend on any of the above types of wage and hour claims. We can help you formulate employee manuals, provide assistance in responding to Equal Employment Opportunity Commission (“EEOC”) and Department of Fair Employment and Housing (“DFEH”) investigations, and defend charges brought by the Division of Labor Standards Enforcement (“DLSE”) or the Department of Labor (“DOL”). Aparicio-Mercado Law, L.C. also assists unionized employees. We attend Skelly meetings and Skelly appeals with the goal of reducing or eliminating the charges against the employee.
We also help in wage and hour cases, including class actions. Wage and hour cases include failure to make rest and meal breaks available, failure to pay split-shift premiums, failure to reimburse employees for expenses, making workers work while off-the-clock, failure to pay overtime and misclassifying employees as contractors so as to fail to pay them appropriate wages. We assist in cases for overtime wages and minimum wages where employees have been misclassified as “exempt” from such rules.(The above is only meant for informative purposes and is not legal advice).
Our core values are Integrity and Client Loyalty.We will fight for your Employment Rights.