Wage and hour rules are governed by the California Labor Code and the federal Fair Labor Standards Act. There are three categories of wage and hour claims that employers typically violate: unpaid wages, unpaid overtime wages, and failure to meet minimum wage requirements. Some of the common causes of wage and hour violations include:
- Employees misclassified as “exempt” from receiving overtime pay.
- Employees not being provided an uninterrupted meal break within the first five hours of work.
- Failure to provide ten minute breaks for every four hours of work.
- Failure to provide paid time to perform tasks before clocking in or after clocking out.
- Failure to provide a second meal break for shifts longer than ten hours.
- Failure to ensure that employees being paid per-project are meeting minimum wage requirements.
- Failure to provide proper pay stubs with all required information, including: gross wages earned; total hours worked (unless employee is exempt); number of piece-rate units earned and applicable piece-rate; all deductions, separately itemized; net wages; inclusive dates in payroll period; employee’s name and social security number; name and address of employer; and all applicable hourly rates during the payroll period.
Mass | Montes, LLP has the experience and resources to successfully handle class action wage and hour lawsuits. These cases are often extremely complex, involving interpretations of California Labor Code and the federal Fair Labor Standards Act. Since wage and hour claims and have a significant financial impact on businesses, employers often put a lot of resources into fighting wage and hour violation claims. At | Montes, LLP we are prepared to handle wage and hour litigation in state and federal courts as well as through the appellate process.