Pay violations still happen in many workplaces despite the state’s robust laws supporting workers. Some violations happen by mistake, while others are the result of employers trying to cut labor costs.
Workers are often unaware that their rights are being violated until the problem becomes serious. If you believe this may be happening to you, a wage and hour attorney at Erkel Law, P.C. can explain the most common wage and hour violations in Sacramento and your options for resolving the issue.
Under California Labor Code § 510, nonexempt employees are generally entitled to overtime pay when they work more than eight hours in a single workday, more than 40 hours in a workweek, and for the first eight hours worked on the seventh consecutive day in a workweek.
Employees may also be entitled to double-time pay after working more than 12 hours in one day or more than eight hours on the seventh consecutive day of work.
Many Sacramento wage and hour disputes involving overtime violations happen when employees are incorrectly classified as exempt workers. An employer may label someone as a manager or salaried employee even when the job duties do not meet the legal requirements for exemption.
Other overtime violations include requiring off-the-clock work, failing to count preparation time, asking employees to work through breaks, and editing time records. A lawyer can review payroll records, schedules, and job duties to determine whether overtime violations occurred.
The state also protects an employee’s right to meal and rest breaks. Under California Labor Code § 512, nonexempt employees generally must receive an unpaid meal break of at least 30 minutes when working more than five hours in a day. Employees are also generally entitled to paid rest breaks based on the number of hours worked.
A common wage and hour problem in Sacramento workplaces involves employers discouraging workers from taking breaks or creating workloads that make breaks unrealistic.
Break violations may include:
When employers fail to provide legally required breaks, employees may be entitled to additional compensation.
California employers must pay employees at least the applicable minimum wage for all hours worked. Wage violations are often hidden in everyday workplace practices.
Some typical wage and hour violations affecting Sacramento employees involve unpaid work performed before or after scheduled shifts. Employees may be asked to set up workstations before clocking in, answer emails after hours, attend unpaid meetings, or finish closing duties off the clock.
Paystub violations may also create legal issues. California Labor Code § 226 requires employers to provide accurate itemized wage statements with specific information. It may be difficult for workers to verify pay when wage statements are inaccurate or incomplete.
Workers often hesitate to speak up about pay violations because they fear retaliation. However, employers are legally prohibited from retaliating against employees for asserting their wage and hour rights.
Important evidence in these cases may include:
In cases involving common wage and hour violations, a Sacramento lawyer can evaluate whether the employer violated state labor laws and explain the options available.
Workers across many industries experience these common wage and hour violations in Sacramento. Unpaid overtime, missed breaks, minimum wage violations, and off-the-clock work can create serious financial stress for employees and families.
If your employer failed to follow state labor laws, contact Erkel Law, P.C. today for help understanding your rights and seeking unpaid compensation.
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