Concord Unpaid Wage and Overtime Lawyers
Concord Wage and Hour Attorneys Helping Workers Recover Unpaid Wages
Wage and hour violations in the workplace cover a wide range of unlawful pay practices that occur when employers fail to follow federal and California labor laws. Wage and hour violations can be linked to minimum wage, overtime pay, meal and rest breaks, proper classification of workers as exempt or non-exempt, and other pay-related matters. No matter what form of wage theft you experience, it can deprive you of your rightful earnings and pose financial hardships.
Employers who refuse to fairly compensate a worker, whether deliberately or unintentionally, can be held accountable through a wage and hour claim. At Erlich Law Firm, Concord unpaid wage and overtime lawyer Jason Erlich has experience representing workers who have been wronged by their employers. He has a track record of success in helping them recover their unpaid wages.
Common Types of Wage and Hour Violations in Concord
As the largest city in Contra Costa County, Concord is home to businesses of all sizes as well as major employers like the Contra Costa Water District, Costco, Concord Plaza Hotel, John Muir Medical Center, and Bank of America Technology Center. The city has a robust workforce that comprises one in every 11 jobs in the county.
The majority of employees — around 11,460 — work in health care and services. Another large industry in Concord is retail, consisting of nearly 5,000 employees who work in the food, home, and automobile sectors.
Businesses aim to generate profits, and reducing expenses is a key part of managing a company. Labor is often the biggest expense for most employers. As a result, certain employers routinely underpay their workers to cut costs. No matter how they occur, wage and hour violations are unlawful and harmful to workers.
- Misclassifying exempt employees
Businesses may mislabel a non-exempt employee as exempt to avoid paying overtime. Workers are still entitled to their back wages even when an employer unknowingly misclassifies them as exempt.
- Misclassifying independent contractors
The use of independent contractors has become more prevalent over the years. Unfortunately, they do not receive the same protections as regular employees. Some employers deliberately or inadvertently misclassify employees as independent contractors to avoid having to provide benefits or pay overtime.
- Requiring off-the-clock work
Employers cannot circumvent overtime laws by making workers clock out to carry out certain tasks, such as cleaning the workplace or undergoing bag checks. If an employee is doing any work at the employer’s request, they should be paid fairly for it, even when it includes overtime.
- Calculating pay improperly
At times, employers mistakenly miscalculate an employee’s pay. In such instances, the worker is entitled to receive their back wages promptly. Employers who refuse to pay employees back wages or try to negotiate repayment over time are violating wage and hour laws.
- Failing to pay earned overtime
Some employers may try to skirt overtime wage requirements by misclassifying workers or miscalculating work hours. California employers are obligated to keep detailed and accurate pay records for all employees.
- Violating minimum wage laws
All California employees must be paid an hourly wage at or above the highest minimum wage under federal, state, or local minimum wage laws. Nonetheless, certain employers pay their workers less than they deserve.
- Making improper deductions
While some deductions from an employee’s pay are legally permissible for missed work time and other costs, employers sometimes make unlawful or excessive deductions.
- Engaging in illegal tipping practices
Employers are not allowed to keep any of a worker’s tips, nor can they count the tips as a credit toward the employee’s hourly wage. Tip pooling is generally acceptable under California law, but specific rules must be followed for the practice to be legitimate.
Minimum Wage and Overtime in Concord
An employer must generally pay the highest minimum wage under federal, state or local laws. On January 1, 2023, California’s statewide minimum wage increased to $15.50 per hour for all workers. This is more than 50 percent higher than the federal minimum wage, which is currently $7.25. The new minimum wage applies to employers of all sizes.
Some employees may be exempt from overtime laws based on their job duties and salary level. However, many workers are non-exempt and entitled to overtime pay under California law. Under state law, most non-exempt employees in Concord should be paid overtime at the following rates:
- 1.5 times their regular rate of pay when working more than 8 hours in a day or more than 40 hours in a workweek.
- 1.5 times their regular rate of pay for the first 8 hours of work on the seventh consecutive workday.
- 2 times their regular rate of pay when working more than 12 hours in a day.
- 2 times their regular rate of pay when working more than 8 hours on the seventh consecutive day in a workweek.
Contact a Knowledgeable Concord Unpaid Wage and Overtime Lawyer
If your employer has denied you your rightfully earned wages, contact Erlich Law Firm right away. Attorney Jason Erlich has a deep understanding of the hardships that workers commonly face and is ready to help you recover your unpaid wages. Erlich Law Firm handles all types of Concord wage and hour disputes, including worker misclassification cases, unpaid overtime, minimum wage violations, and more.
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When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.