Common Examples of Wage Theft in California

As a worker, there are many ways that your employee rights can be violated by an employer. Wage theft is one of the most damaging because it affects your livelihood and devalues your time.

Some of the ways employers may withhold wages from employees include:

Paying less than California minimum wage

Employers are required to pay at least minimum wage to employees. It is against employment law for employers to pay less than the state minimum wage per hour, even if the employee agrees to it.

Falsely reporting number of hours worked

Some California employers will attempt to alter time cards and falsely report the number of hours worked by the employee, especially if the employee worked overtime. This practice is unlawful under California overtime laws.

Failing to pay time and a half for overtime

Overtime pay applies to any time worked by a non-exempt employee over 8 hours per workday and over 40 hours per workweek. In accordance with California overtime laws, overtime pay is calculated as regular wage plus half.

Misclassifying workers as independent contractors

Employers may attempt to classify workers as independent contractors because it is less expensive to the employer. Employers do not have to provide independent contractors with health care benefits or cover them under California workers’ compensation, disability, unemployment or Social Security insurance. Employers also do not pay overtime to or payroll taxes for independent contractors. Employers can also pay independent contractors by the job, meaning they may not pay minimum wage per hour or overtime pay and are not obligated to pay for any work-related expenses.

Misclassifying workers as managerial employees

Employers are not required to pay overtime pay to non-exempt employees misclassified as managers, even if they do not manage other employees. Employee misclassification is common issue in wage and overtime laws. Find out if your employer has misclassified your employment status during a free claim consultation.

Making employees pay for items essential to the job without reimbursement

Items which are essential to the job, such as work equipment, should be paid for by the employer. Your employer may also owe you payment for travel time as required by your job duties.

Unlawful deductions from wages

Employee rights under California wage and hour law protects workers from unlawful deductions employers may use to minimize the compensation owed to you. You may see unlawful deductions show up on your check stub, such as maintenance, tools or for broken equipment, which you do not legally have to pay.

Do you have questions about deductions on your paycheck? Has your employer failed to reimburse you for essential work expenses? Call a wage attorney today for a free determination of your wage and hour concerns.

Do I Need a California Wage Attorney? Employment Lawyers Near Me

Claiming that your employer violated your employee rights can be more difficult than it sounds. Wage claim disputes often come down to paperwork and what each side says happened. An experienced wage and hour attorney in California knows the best evidence and what information to bring to a California Labor Board hearing or civil suit. Contact a wage attorney today to learn more about how the Glaser Labor Law attorneys can help you.