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Disputes with employers on wage and hour are possibly among the most vital employment law topics experienced by workers. The reason naturally makes them interested to ensure that they’re fairly paid with the minimum wage for the time they spent for the employer. Unfortunately, often employers deprive their employees by paying them less than their legitimate with various tricky techniques.
So, if you suspect that you are disposed of getting your lawful compensation by your employer, talk to an experienced wage and hour attorney in Los Angeles for a necessary assessment of the matter with their insight and knowledge.
Determine the Ways How You Can Be Deprived
Minimum Wage Rule
To avoid paying minimum wage and bypass overtime laws, crooked employers often misclassify their full-time works as independent contractors. If you work for an employer under federal law, you are supposed to get the federal minimum wage @$7.25 each hour, which is a standard rule. On contrary, if you are working for State-level employers since the minimum wage standard varies among states, be well aware of the current wage and hour rule of your state before you join the place of work (currently, California minimum wage stands to $12 to $13/hr).
It is important to note that since independent contractors like vendors are not treated as an employee, they don’t come under minimum wage rule. So, being a worker if you are not paid the minimum wage, without any delay - talk to a knowledgeable wage and hour attorney in Los Angeles to get back your lost wages with compensation.
Working Hour Rule
When it comes to the working hour rule, there is no difference between Federal and State Labor Laws. The standard rule is 8 hours per day (a break time for a meal for 15-20 minutes is included in 8 hours) and thus 40 hours per week. Accordingly, employers focus on the number of hours worked by the employee to decide how much they need to pay the employee. Although, the process of calculating wages looks easily understandable but often employers manipulate in calculating the hour and pay less to employees. Here are some examples:
• Waiting period
Often employees wonder whether or not they are eligible to receive minimum wage for hours spend due to waiting. Thankfully, according to the labor law that – whereas an employee is ‘engaged to wait’; they are supposed to get paid for the waiting period according to the minimum wage rule. For instance, machine breakdown is a common incident in a workshop. Thus, being the machine man, if you are kept waiting during the machine downtime and wait till it’s repaired by the service technician; your employer needs to pay you a wage for your waiting period.
• Time spend on training
Often employees need to participate in job-oriented advanced training courses to make them aware of the emerging technologies and operational know-how of new machineries and tools. Also, employers sponsor various training sessions to improve the skill and performance level of their employees. The time you need to devote for these training courses must be paid, and if violated, you can contact an expert wage and hour attorney in Los Angeles to get your lost wage with compensation.
• Breaks for meals
Workers are eligible to get a maximum of 20 minutes of break for meals which is required to be paid according to the hours worked law. On contrary, if it’s a longer break time say for 30 minutes, paying for that extra break time is not obligatory for employers.
• Traveling hours
Although you don’t have eligibility to get wages for the time you spend reaching your workplace, however, whereas your job needs to travel frequently from one site to another, you should be paid for that traveling hours according to the wage rule.
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