There is a strong public policy in favor of employees and contractors being paid their full and proper compensation in a timely manner and California has enacted numerous statutes and claims to enforce these policies. These laws protect workers and knowing them is crucial to protecting your rights.

• Failure to pay wages, and to do so timely
• Failure to pay overtime
• Failure to provide meal breaks
• Failure to provide paid rest breaks
• Failure to reimburse an employee for necessary business expenses
• Requiring an employee to work off the clock, without wages
• Failing to timely pay wages (including accrued wages and vacation pay) at termination, or after a resignation

A common issue is for employers to intentionally misclassify a worker as an independent contractor and not an employee. This is illegal. The reason that this occurs is because independent contractors are not entitled to all the benefits that employees are given under the law, such as overtime, meal and rest breaks, insurance benefits, and certain protections from discrimination, harassment, and retaliation. There are various tests to determine if a worker has been misclassified and it is very fact specific, and if you believe you are misclassified, you should contact the Wagner Legal Group. A legal finding that you are an employee and not a contractor can provide enormous benefits.

Another type of misclassification is if an employee is misclassified as exempt (vs. non-exempt) to deny an employee overtime and other benefits. Again, this requires a detailed analysis of the facts and the law, but if you believe you are improperly classified, you should contact the Wagner Legal Group.

Not only is it illegal to commit wage/hour violations, it is also illegal to retaliate against an employee who complains about such violations.

If you think that your employer has committed wage/hour violations, or retaliated against for complaints of wage/hour violations, contact the Wagner Legal Group for a free consultation or call (310) 857-5293.