Attorneys fighting for your right to Fair Wages and Fair Treatment across California
Things to watch out for in your employment and every day activities as a consumer
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One area of interest relates to employers who spread the ‘workweek’ over two calendar weeks. If your employer does that, you may be owed overtime.
Another area of interest relates to truck drivers who are not compensated for pre-trip, post-trip or ‘dead-head’ time. If your employer runs its business that way, you might be owed back wages.
Yet another illegal practice we are looking at relates to ‘reduced wages’ You know that you’re entitled to a minimum wage or perhaps a minimum living wage, but your employer is short-changing you, perhaps by only $.50 an hour. But that’s $4.00 a day, $20 a week, $1,000 in a year, and (because one can go back four years for unpaid wages) a potential $4,000 owed, plus interest.
Unpaid Wages and Overtime
Do you think you've suffered because an employer violated the law concerning your wages or hours? That usually happens one of two ways: Either you've been misclassified as "exempt," which means the employer will say you're not entitled to overtime. Or, You won't be paid time you're entitled to, such as hours not showing up on your time card, or not credited for work done. Or maybe your pay stubs are missing those hours, and unpaid overtime as well.
Misclassification depends on a lot of factors. It may also depend on the state in which you work. One crucial question to ask: "Are other people doing the same work getting paid overtime, while I'm denied it, based on my job title?" If the answer is "Yes," you may be entitled to overtime, no matter what your title.
Another very important factor, again depending on the state in which you work, deals with meal and rest breaks. If you are entitled to them, and you're missing them because "the work demands it," maybe the law demands that you get paid for those missed breaks.
By now you may have a gut feeling that you and maybe a lot of your co-workers are missing out on being paid a full and complete wage. Maybe this has gone on for weeks or months or even years.
Help yourself out! Give us the details that you think support your claim for any of those areas. If you haven’t done this already, start keeping track of your hours and days worked now! No, not just your schedule! The actual time you worked. And if travel or waiting time is required, start keeping track of that as well! No matter what, save those schedules, time cards, and pay stubs!
If you think this may apply, please contact us. Maybe we can help. And if we can't help you, maybe you've got a son or daughter, maybe a friend, maybe a neighbor who could use this help. Maybe you could let them know about this information.
Discrimination and Harassment
Maybe your problem–or that of a friend or relative–has to do with discrimination or harassment. Oftentimes, both can take place in one's employment. Someone can be harassed and discriminated against at work at the same time.
But maybe no one is harassing you directly. It may be that you’re being discriminated against simply because of your race, your religion or your gender. Or perhaps because of your age, or your nationality. Or maybe you’re being discriminated against because you have a medical condition, or a disability.
On the other hand, maybe one or more co-workers, or a supervisor, manager or lead, are harassing you. While harassment charges are most often of a sexual harassment nature, harassment can also arise because of race, religion, age and so on. Normally, the fact that the boss is a jerk now and then doesn't constitute harassment. But if someone is calling you racial names, or sexually derogatory names, or making fun of your religion, your age and so on, such harassment should not be tolerated in the workplace.
Whether it’s discrimination or harassment, conduct based on those reasons is illegal and should be stopped.
Maybe, worst of all, you’ve been fired because of discrimination. Or maybe you reported the harassment and were fired. In either case, we again ask you to contact us."
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DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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