If you’re like many people, you could benefit from talking to a Los Angeles labor lawyer – but if you’re like most people, you don’t really know when to call, whether your employer has violated your rights, or what would happen if you talked to an attorney.
This guide will walk you through when you should call a Los Angeles labor lawyer for help.
Some situations that you should call a Los Angeles labor lawyer for include:
This isn’t a complete list, though. If you’re not sure whether your employer violated your rights or broke the law, it can’t hurt to call a labor lawyer to get clarification.
It can get confusing right now, though, because some employers have a lower minimum wage than other employers do. Here’s the deal: Employers with 25 employees or fewer are allowed to pay $1 less than employers with 26 or more employees do. Again, that’ll even out by 2023, when everyone will be making at least $15 per hour. Check out this chart, which simplifies it:
Year | 25 Employees or Fewer | 26 or More Employees |
2019 | $11/hour | $12/hour |
2020 | $12/hour | $13/hour |
2021 | $13/hour | $14/hour |
2022 | $14/hour | $15/hour |
2023 | $15/hour |
In the state of California, the minimum wage is higher than the federal minimum wage. Because California requires us to follow the law that provides the most protections for workers, your employer can’t pay you the federal minimum wage. The current federal minimum wage is only $7.25 per hour.
If your employer isn’t paying you minimum wage, you may need to talk to a Los Angeles labor lawyer immediately to resolve the issue. You could be entitled to back pay and other forms of compensation.
Related: Wages in California
Under our state’s current overtime laws, here’s what hourly employees are entitled to receive in overtime pay:
Hours Worked | Rate |
8 or more per day | Time and a half |
40 or more per week | Time and a half |
7th consecutive day in one workweek | Time and a half |
12 or more hours per day | Double time |
Over 8 hours on the 7th consecutive day in one workweek | Double time |
This means if your hourly rate is $20 per hour, your time and a half rate is $30 per hour. Your double time rate is $40 per hour.
For example, if you work 45 hours in one week – let’s say it’s an extra hour each day of a five-day workweek – you’re entitled to your regular rate of pay for the first 40 hours. Then, you’re entitled to time and a half for the remaining 5 hours. If your hourly rate is $20 per hour, you should be paid a total of $800 for the first 40 hours you worked and a total of $150 for the 5 hours of overtime you worked. That means your check that week should be for $950 (before taxes and deductions).
If you know you’re working overtime but you’re not being paid for it, call a Los Angeles labor lawyer – because if your employer is one that’s required to pay overtime rates and you’re not getting the money, your employer is probably violating your rights.
Related: California overtime laws for hourly workers
Generally speaking, if you’re a contractor, you:
Generally speaking, if you’re an employee, you:
You should call a Los Angeles labor lawyer if you think your employer has misclassified your employment – or if your employer is treating you like an employee rather than a contractor.
Related: The differences between contractors and employees
Commissions are usually based on a percentage of sales you make or profits you generate, or the number of sales you make. Most of the time, you’ll negotiate commission amounts before you even start a job.
Commissions are not bonuses – bonuses are discretionary, and commissions are not. That means if your employer owes you commissions, it has to pay them; if it were a bonus, the employer could decide whether or not to give it to you.
Related: Unpaid commissions
Some hazardous working conditions can be classified this way:
Sometimes, if your workplace is unsafe, you might have the right to stop working until your employer fixes the issues. You have to be really careful, though – if you aren’t justified and you refuse to work, you could lose your job. Your best bet is to talk to a Los Angeles labor lawyer about your situation and find out what remedies are available to you.
Related: Unsafe working conditions: What you need to know
If you feel that your employer has violated your rights and you’re entitled to protection under California law, we can help you. Call us at 818-918-3876 for a free consultation with a Los Angeles labor lawyer today.
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