Filing Wage And Hour Claims To Get Fair Compensation
Solmer Law Corp stands up for the rights of employees who have been taken advantage of by their employers. Our attorneys are zealous advocates who take a creative yet aggressive approach to your case. Unfortunately, wage and hour claims are common, resulting from employers who refuse to protect their employees’ rights or who are negligent in keeping track of hours worked. You can trust that our firm will prioritize your best interests from start to finish.
Misclassification Of Nonexempt Employees
In many wage and hour cases, employees have been wrongfully classified as exempt employees who are not subject to the same wage and hour laws as nonexempt employees.
An exempt employee typically must:
- Be paid a salary at least double the state minimum wage for full-time employment
- Primarily handle administrative, professional or executive tasks
- Perform their job with a measure of discretion and independent judgment
If this does not describe you or your job position, you are likely a nonexempt employee and therefore entitled to overtime, minimum wage, meal breaks and rest breaks. However, there are some exceptions to this rule and it’s important for you to discuss your case with an attorney to determine your exempt or nonexempt status before pursuing a wage and hour claim.
Examples Of Wage And Hour Law Violations
There are many ways that wage and hour law violations can take place. For example, hourly nonexempt employees must be compensated at the right of time-and-a-half for any hours worked over eight in a day or over 40 in a workweek. Employees who are nonexempt are obligated to be compensated time-and-a-half for any hours worked over eight hours in a workday or over 40 hours in a workweek. Discussing your specific situation with an attorney will give you the most accurate perspective on your case and a better understanding of how to move forward.
Wage and hour violations could include:
- Being asked to work through your scheduled lunch or break times
- Being denied commissions that were outlined in your employment agreement
- Being denied compensation for working overtime
- Being asked to open or close at a specific time but not being compensated for that time
In some cases, you may have been misclassified as a manager or contractor in order to circumvent certain wage and hour laws.
Call Us For Zealous Representation
Find out what compensation you may be eligible for by discussing your case with our experienced Orange County employment law attorneys. We take a creative approach to each case and fight to uphold your rights from start to finish. Call 714-794-8558 or send us an email to learn more.