San Bernardino Lawyers Handle Unpaid Wage Actions

California attorneys assist employers and employees in pay disputes

The employer-employee relationship is an exchange of labor for an agreed-upon payment. However simple that might seem, it is common for disputes to arise over overtime pay, the number of hours worked, commissions and other wage issues. The accomplished attorneys at Granowitz, White & Weber handle wage disputes for employers and employees. From our office in San Bernardino, we draw on our knowledge of state and federal laws, as well our real-world experience, to help clients resolve their pay issues successfully. 

Types of wage claims

An unpaid wage action can be triggered by allegations of any of the following:

• Failure to pay an overtime premium — When eligible employees work more than eight hours in a day or 40 hours in a week, they must be paid time-and-a-half for the excess amount. People in certain jobs are exempt from overtime pay, as are independent contractors, and some employers try to evade their responsibility to pay overtime by misclassifying employees. 
• Unpaid commissions and bonuses — Sales personnel who work on commission can bring an unpaid wage claim if they believe they were not compensated consistent with the agreement they reached with their employer. Likewise, workers can sue if they believe they did not receive bonuses that they were promised. 
• Inaccurate hours — Businesses sometimes do not record work time accurately so that they can reduce the wages they pay. To do this, they might take illegal measures such as forcing employees to perform necessary job preparation or clean ups off the clock. 
• Refusal to provide a final paycheck — Whether a business shuts down or a worker leaves a job, employers are sometimes reluctant to send what’s owed to their former employee. There is no reason to lose what you’ve earned just because you have moved on. 

In addition to drawing potential civil penalties, wage theft is now a crime under California law. If you have not received your rightful pay, our employment attorneys will take the necessary legal steps to recover what you’ve earned. If an unjustified wage claim is made, we can also defend against that claim on behalf of the employer.

Employers’ responsibilities under state and federal wage laws

In addition to paying what they promised and abiding by the rules on overtime premiums and breaks, employers have might have other responsibilities depending on the specific job. When an employee receives a tip, for example, they are entitled to keep it rather than turning any of it over to a business owner or manager. Retaliation against a worker for making a complaint about a wage issue or insisting that the employer comply with the law is illegal. 

Required meal and rest breaks

Typically, California employees who are on the job for at least five hours are entitled to an unpaid 30-minute meal break. If the workday lasts 12 hours or more, the employee can take a second unpaid break of the same duration. Rest breaks of 10 minutes are also granted for every four hours of work. Different requirements can exist for outdoor laborers and others working in adverse conditions. Despite how busy a job might get, it is important for employers to comply with the law’s provisions relating to breaks and to compensate employees for time spent on work-related tasks, such as putting on and removing protective equipment. Situations where employees are expected to engage in activities off-the-clock could give rise to a claim. 

Contact a San Bernardino lawyer for a consultation about a wage issue 

Granowitz, White & Weber in San Bernardino handles unpaid wage claims, including overtime pay disputes, for both employers and employees. Please call 909-890-1717 or contact us online to discuss your issue with an experienced California attorney.