Steven L. Miller
A Professional Law Corporation
- Failure to Pay Overtime
- Failure to Reimburse for Business Related Expenses
- Failure to Pay All Wages Upon Quitting or Termination
- Denying Meal Breaks or Rest Breaks
- Failure to Property Calculate Commissions
- Failure to Pay the Prevailing Wage
- Paying Payroll with Out-of-State Checks
- Alternative Work Week Schedules
- Misclassification of Exempt Employees
- Failure to Pay Minimum Wages
- Payment of Commission Sales Resulting in Less than Minimum Wage
- Working off the clock
- Automatic Timekeeping systems or Management modifying timesheets
- Failure to Pay for Travel Time, Trips to the Bank, or Office Meetings
- Failure to pay for time spent “Donning and Doffing” – putting on special work gear prior to
- Classification as Independent Contractor when one is really an employee
- Paying wages on a Piece-rate, miles driven or other basis
- Failure to pay when employee reports for work but is not needed on shift
- Are companies recording without your permission your telephone calls?
- Have you received any debit or credit card receipts, that contain either your card’s expiration date, or more than 5 digits of your number?
Is This Happening to You?
Below are just a few of the common violations of law that are committed against California Employees. For a free and confidential consultation, telephone our office at (800) 350-2098.
Common California Employment Violations
- Are you being paid a ‘salary’ yet work overtime? Being paid salary and working overtime is not a problem, if you are properly classified as an ‘exempt’ employee. If you are not an ‘exempt’ employee, and your employer is not paying you overtime, you may be entitled to wages.
- Are you being paid for all hours of work? Do you work ‘off the clock’ or are ‘on-call’? If so, you may be entitled to further compensation.
- Does your company have a 4 day/ 10 hour per day work week in place? Has the California Labor Commission approved the company’s Alternative Work Week program? Many employers have these programs without proper approval due to the many legal requirements. If this is the case, you may be owed overtime wages.
- Are you receiving a 30 minute uninterrupted meal break by the 5th hour? If not, call us to see whether you are entitled to break time or unpaid wages.
- Are you paying for any of your work-related expenses and not being reimbursed? Check with us to determine if you should be reimbursed.
- Do you have to drive your own vehicle as part of your job? Is your employer properly reimbursing you for mileage? If not, you may be entitled to a great deal of mileage reimbursement.
- Do you have to pay for your tools, uniform, special shoes or dry-cleaning? If the answer is ‘yes’, are you being properly reimbursed by your employer?
- Have you been paid for all your wages owed upon quitting or termination? Did you get paid in a timely manner according to the Labor Code? If you suspect your were not paid correctly, you may be eligible for unpaid wages and penalties. Call our office to find out.
- Are you being paid with an out-of-state payroll check? If so, are you required to pay check cashing fees or a check charge to cash your payroll check, call us as this is against the California Labor Code.
- Are your commissions properly calculated? Are you paid a commission in addition to an hourly wage? Can you easily determine the calculation of commission on your earning statement? Unsure? Call our office to determine whether it was calculated correctly. This is a common mistake of even the largest employers.
- Is your employer providing you with an earnings statement that clearly states your wages, overtime, commission and deductions? If not, call our office to help you to check if you were paid properly?
- Are your commissions properly calculated in your overtime wages? If you make commission in addition to an hourly wage and you work overtime, your overtime hourly wage may be different. Call us to see if you are owed wages.
- Are you being paid the minimum wage even if your pay is based on commission or some other means? There are specific rules regarding ‘commission only’, ‘piece-rate’ or ‘per-trip’ payments. Call us to determine if you are being paid properly.
- Are you working on a government project? If so, are you being paid the ‘Prevailing Wages’ for your job? If not, call our office to see if you are entitled to unpaid wages.