Do You Get Paid For Your Overtime? Do You Get Your Breaks At Work?
Most workers face a very distinct power imbalance between themselves and their employers. People need their jobs, and even if they are unpleasant or their employers are unfair to them, most people do not feel that they have much choice beyond accepting the situation if they want to be able to keep putting bread on the table for the ones they love.
But, workers do have rights. There are laws that govern workers’ pay and breaks such as the Fair Labor Standards Act (FLSA) and various California labor laws. These laws dictate certain conditions of employment, including overtime and breaks.
Are You Not Being Paid For Overtime?
In some situations, employers simply fail to pay workers for overtime. In others, they require work that amounts to overtime but may refer to that as a pre- or post-shift prep work. In other situations, employers misclassify employees as being exempt from overtime laws.
Not all types of employees can be offered salaries. Salaried employees do not receive overtime. You may be wrongly receiving a salary when you should actually be an hourly employee with the opportunity for overtime. Also, your employer may have wrongly categorized you as an independent contractor who, again, is not eligible for overtime.
Are You Getting All Of Your Legally Mandated Breaks?
Sometimes, employers force workers to work through their rest or lunch breaks. This is not legal and is a theft of your wages. Even simply being asked to “man the phones” while you are on your lunch break is a theft of wages. If you are doing any work at all during your mandated break times, you deserve to be paid for it.
Passionate About Helping People
At the Law Offices of Anthony Choe, our firm has a deep understanding of the federal and state labor laws that govern California’s workplaces. We know how to identify violations and help you recover compensation for unpaid overtime and unpaid breaks among other types of wage and hour disputes. We believe that all employees deserve to be paid in full for their hard work. Let us help you fight for any wages you were denied.