Are You Getting Paid What The Law Says You Should?
On the surface, determining employee pay should be as simple as it gets: You are promised a wage for each hour that you work, and you report the number of hours you work. At a certain point, your wage goes up because of California’s overtime laws.
Unfortunately, things are often significantly more complicated than this, which can sometimes be a sign that your employer is trying to pay you less than you’ve earned. At the Law Offices of Matthew G. English, I proudly represent employees of all types in wage and hour disputes with their employers, including home health aides, restaurant workers, construction workers and auto shop employees, just to name a few. When you contact my firm, I can help you understand – in plain English – how California’s labor laws apply to you and whether you are receiving the pay and other benefits you are entitled to.
Comprehensive Representation In Wage And Hour Disputes
I have decades of experience helping clients who have been shortchanged by their employers. I can help you hold your employer (or former employer) accountable for:
- Unpaid wages
- Unpaid overtime wages
- Being forced to work off the clock
- Not being allowed to use legally guaranteed meal and rest breaks
- Employee misclassification
If you’ve experienced these issues at work, there is a good chance that your co-workers have, too. By contacting me, you may be advocating for yourself and others at the same time.
How Are Employees Misclassified?
There are two common tactics employers use to save money by misclassifying workers. These are sometimes honest mistakes but are often intentional strategies.
The first misclassification is exempt vs. nonexempt, in reference to eligibility for overtime pay. Most workers should be nonexempt, meaning that they are eligible for overtime pay for working more than 40 hours per week or more than 8 hours per day. Some workers are exempt from overtime pay, including salaried employees making less than a certain annual amount and executives/administrators. Your employer may have given you a token “managerial” position with no real authority or independence in order to classify you as exempt.
The other common misclassification is labeling a full employee as an independent contractor. Employers do this to save money on payroll taxes and to deny workers benefits and legal protections. There are certain strict criteria that must be met in order to be an independent contractor. I can help you determine if you were misclassified.
Discuss Your Rights And Legal Options With An Attorney For Free
The Law Offices of Matthew G. English is located in San Diego and serves clients throughout the area. To schedule your free initial consultation with an experienced and client-focused attorney, call me at 619-826-8236 or fill out my online contact form.