If you or a loved one has experienced a wage and hour dispute with your employer in Los Angeles, please contact Lavi & Ebrahimian, LLP today to discuss your case. Our experienced wage and hour attorneys are here to assist you in all wage and hour disputes – ensuring you receive the compensation you deserve.
State and federal law ensures that you are rightfully compensated for the time that you have spent working at your job. Unfortunately, some employers may ignore, exploit, or otherwise fail to follow these directives, and workers may not receive the compensation to which they are legally entitled.
Los Angeles Wage and Hour Attorneys Who Fight for You
At Lavi & Ebrahimian, LLP, our employment law attorneys help workers secure any and all rightful compensation from wage and hour violations in California.
- We have more than a decade of experience assisting employees in Los Angeles with all types of wage and hour disputes.
- We have a proven record of success in wage and hour claims, securing several multi-million-dollar settlements and verdicts on behalf of our clients.
- We are aggressive in our litigation, doing everything we can to secure the compensation you deserve for your claim. As experienced trial lawyers, we litigate every case as if it is going to trial so that we are prepared for success at every juncture.
- We understand that this may be a tough time for you and your family, so we represent all cases on a contingency fee basis. There are no initial costs, and you only pay for legal expenses if we secure a recovery on your behalf. If there is no compensation, you are not obligated to pay for our services.
Our Los Angeles wage and hour attorneys are committed to the best representation possible so that you can have peace of mind during this stressful time.
We Represent Clients in All Types of Wage and Hour Cases
Wage and hour disputes are unfortunately surprisingly common in the workplace. In fact, some workers may not realize that they are not receiving the full and fair compensation they deserve. There are numerous types of wage and hour disputes that are prevalent in California.
Under California state law, eight hours of labor is generally considered a full day of work – and any further work done thereafter is subject to overtime pay. Although there are some exceptions that may render employees exempt from these provisions, most employees in California have the legal right to earn overtime pay for their work. Unfortunately, companies often take advantage of these complex state and federal overtime laws to deny you the proper wages you deserve.
At Lavi & Ebrahimian, LLP, we have full, comprehensive knowledge of the laws surrounding overtime pay, so that our overtime attorneys can help you quickly determine any potential disputes regarding overtime and rightful compensation.
Employee Misclassification and Independent Contractor Disputes
Some companies may attempt to take advantage of their employees by misclassifying them. In California, this commonly occurs when employees are classified as an independent contractor, despite doing the work of a regular, full-time employee. This type of misclassification prevents workers from receiving legally entitled benefits such as:
- Healthcare and retirement
- Worker’s compensation
- Unemployment insurance
The state of California upholds rigorous requirements to determine whether a worker is an employee or a contractor. A California misclassification lawyer from our firm can help you sort through these legal provisions to determine your rightful employment status and help you receive your rightful benefits.
Wage theft is one of the most commonly overlooked forms of wage and hour violation in California. Generally, it constitutes various types of pay violations that essentially “shortchange” employees of their rightful wages. Some of the most common forms of wage theft include:
- Being paid less than minimum wage
- Not receiving wages that have previously been agreed upon, such as overtime and commission
- Not being allowed to use paid sick leave that has been already accrued
However, some employers exploit less well-known forms of wage theft, such as:
- Not allowing employees to take rest breaks or meal breaks
- Failing to reimburse business expenses
- Failing to pay for promised vacations
- Failing to pay bonuses that have been previously agreed upon
- Making unauthorized deductions from your paycheck
- Owners and managers taking tips
- Paychecks that may bounce
- Final wages and checks not being received in a timely manner
At Lavi & Ebrahimian, LLP, we can conduct a comprehensive investigation into your employment to determine whether or not you have been a victim of wage theft and file the proper claims to recover any unpaid wages you may have.
Why Do You Need a Wage and Hour Lawyer?
An attorney specializing in employment law is almost always recommended if you have a potential wage and hour claim. Although California labor laws may be fairly rigorous in protecting the rights of employees, claims against employers can often be difficult and stressful without proper legal representation. A Los Angeles wage and hour attorney can help parse through complex state and federal labor laws to effectively advocate for your right to proper compensation.
Additionally, many employers are extremely protective of their labor practices, often hiring teams of expert attorneys dedicated to fighting for their best interests. Retaining your own legal representation can effectively balance the scales so that you will have the best chance of success in a wage and hour claim.
Further, it is likely that you are not the only victim of a wage and hour violation in your company – these issues are often systemic and impact all employees. An experienced wage and hour attorney can help you gather further evidence of wage and hour violations from other workers. This can not only help substantiate your initial claim, but also may lead to a potential class-action claim, which can further hold the employer accountable for their negligent actions.
Ultimately, a wage and hour attorney is highly recommended to give you peace of mind during a potentially stressful, arduous process. A Los Angeles wage and hour lawyer can help you file the tedious paperwork, correspond with the employer and any corresponding governmental agencies, and serve as your proxy so that you do not have to deal with the stress of the claim in a hands-on capacity.
Basic California Wage and Hour Laws to Consider
On a federal level, the Fair Labor Standards Act serves as the foundation for wage and hour law in the United States. It establishes provisions for minimum wage, overtime pay, and other labor standards crucial to preserving the rights of employees in the country.
However, state labor laws typically provide more stringent protections for workers. These common basic wage and hour laws give employees in California further protections against wage and hour violations. If your employer is not following these laws, they may be in violation of state wage and hour laws – and you may be entitled to significant compensation of unpaid wages.
Currently, the state-designated minimum wage is $12 per hour for employers with 25 or fewer employees and $13 per hour for employers with at least 26 employees. This amount will rise $1 per hour every year until it reaches $15 per hour. (CA Labor Code § 1182.12)
In California, non-exempt employees are entitled to “time-and-a-half” pay (1.5 times their regular rate of pay) for any work that exceeds 8 hours in one workday or 40 hours in one workweek. Additionally, they may also receive time-and-a-half pay for the first 8 hours of work that they complete on the seventh day of a workweek.
When work exceeds 12 hours in one workday or 8 hours on the sevenths day of a workweek, employees are entitled to double-time pay – twice their regular rate of pay. (CA Labor Code § 510)
Exempt vs Non-Exempt Employees
Some workers in California are exempt from qualifying for overtime pay. (CA Labor Code § 525) Generally, a worker in California is considered exempt if:
- They are working in a white-collar capacity as an executive, administrative, or professional employee.
- They are paid a salary that is paid at least twice the minimum wage for full-time employment.
- They regularly exhibit independent judgment and discretion in their position.
California provides other situations and occupations where employees may be exempt from overtime qualifications in an extensive list on their Department of Labor website.
Meal and Rest Breaks
Most nonexempt workers in California are entitled to both regularly scheduled meal and rest breaks. If a nonexempt employee works more than 5 hours in a day, they are entitled to one 30-minute meal break. However, they may choose to waive this break if they work no more than 6 hours in that day. If a nonexempt employee works more than 10 hours in a day, they must receive a second 30-minute meal break. They may choose to waive this break if they work no more than 12 hours in that day.
In addition, nonexempt employees are entitled to one 10-minute rest break for every 4 hours of work in a shift. They are not entitled to a rest break if their shift is less than 3-and-a-half hours long. (CA Labor Code § 515)
Paid Sick Leave
The Healthy Workplace Healthy Family Act of 2014 (also known as AB 1522) allowed most employees in California, regardless of exempt status, to be eligible for paid sick leave if they fulfilled the following qualifications:
- They worked for the same employer for at least 30 days within a year, and
- They are employed for a probationary period of 90 days before taking sick leave.
In addition, the Act requires companies to provide a minimum of 24 hours of paid sick leave per 12-month period for full-time employees, in addition to a minimum accrual of 1 hour per every 30 hours of work.
How Can I File a Wage and Hour Claim?
In California, all wage and hour disputes are filed with the Labor Commissioner’s Office. They are in charge of overseeing and investigating any and all wage claims. The general claims process is as follows:
- Filing a claim. An Initial Report or Claim form must be completed and submitted to the Labor Commissioner’s Office. This submission must also include any documentation or evidence that corroborates your claims.
- Settlement conference. In most cases, the Labor Commissioner will schedule a settlement conference between you and the employer in the hopes of resolving any issues.
- Wage claim hearing. In the event that your claims are not resolved, a wage claim hearing will be scheduled, and a hearing officer will make a final decision based on the presented case.
- Approximately 15 days after the hearing, the officer will make an official decision and send it to both you and the employer. Based on this result, either party may appeal the decision.
A wage and hour attorney can be invaluable at every step of the filing process. At Lavi & Ebrahimian, LLP, we can handle all aspects of the filing process on your behalf so that the burden of paperwork and evidence is not on your shoulders.
In addition, our experience as trial attorneys is beneficial through the conference, hearing, and appeals process. Our skills as effective communicators and aggressive litigators can help us convey the importance of your claim, helping you receive the compensation you rightfully deserve.
Contact Us Today for Assistance
If you or a loved one has been impacted by a wage and hour violation, please contact us immediately for a free initial consultation. We believe that all workers should be rightfully paid for all of their work, and that advantageous employers should be held accountable for their exploitative actions.
We are here to help workers receive the wages they deserve. Call us today to see how we can assist you.