At Yoosefian Law Firm, P.C., we understand that wage and hour violations can significantly impact your financial stability and quality of life. As dedicated Los Angeles wage and hour lawyers, we fight tirelessly to protect workers’ rights and ensure they receive the compensation they deserve under California labor laws.
Common Examples of Wage & Hour Violations in Los Angeles
California employers frequently violate wage and hour laws, often affecting thousands of workers across Los Angeles and surrounding areas. Here are the most common violations workers encounter in the workplace:
- Unpaid Overtime: Failing to pay time-and-a-half for hours worked beyond 8 per day or 40 per week, or double time for hours beyond 12 per day.
- Meal Break Violations: Denying workers their required 30-minute meal break when working more than 5 hours, or failing to provide a second meal break when working more than 10 hours.
- Rest Period Violations: Not allowing workers to take their entitled 10-minute paid rest breaks for every 4 hours worked, or pressuring employees to skip breaks.
- Off-the-Clock Work: Requiring employees to perform work duties before clocking in or after clocking out, including prep work or clean-up tasks.
- Misclassification Status: Wrongly classifying employees as independent contractors or exempt employees to avoid paying overtime and benefits.
- Minimum Wage Violations: Paying workers less than the Los Angeles minimum wage rate, or making illegal deductions that bring pay below minimum wage.
- Travel Time Compensation: Not paying employees for work-related travel time between job sites during the workday.
- Training Time Violations: Failing to compensate workers for mandatory training sessions, meetings, or orientation programs.
- Tip Violations: Illegal tip pooling, management taking tips, or using tips as credit against minimum wage obligations.
- Final Paycheck Delays: Not providing final wages immediately upon termination or within 72 hours of resignation.
- Inaccurate Pay Stubs: Providing wage statements that lack required information such as hours worked, pay rates, or deductions.
- Split Shift Premiums: Not paying additional compensation when workers are required to work split shifts with unpaid breaks longer than one hour.
- Reporting Time Pay: Failing to provide minimum pay when workers report to work but are sent home early or given less than half their usual day’s work.
- Commission Agreements: Not providing written commission agreements or failing to pay earned commissions in a timely manner.
- Record Keeping Failures: Not maintaining accurate time records or failing to provide copies of employment records upon request.
- Piece Rate Violations: Not separately compensating for rest breaks and other non-productive time for piece-rate workers.
- Regular Rate Miscalculations: Incorrectly calculating overtime rates by not including all forms of compensation in the regular rate.
- On-Call Time: Not paying workers for on-call time when they are required to remain on premises or are significantly restricted.
- Uniform Maintenance: Requiring employees to pay for uniform cleaning or maintenance when the employer requires the uniform.
- Paid Sick Leave Violations: Not providing or allowing workers to use mandated paid sick leave, or retaliating against workers who request it.
If you’ve experienced any of these wage and hour violations in Los Angeles, it’s important to document the incidents and seek legal assistance promptly. California law provides strong protections for workers, including the right to recover unpaid wages, penalties, and in many cases, attorney fees.
How a Los Angeles Wage and Hour Lawyer Can Help
At Yoosefian Law Firm, P.C., we provide comprehensive legal support for workers facing wage and hour violations throughout Los Angeles. Our dedicated legal team helps employees recover unpaid wages and hold employers accountable for labor law violations. Here’s how we assist our clients:
Our Los Angeles Wage and Hour Lawyer Will Thoroughly Evaluate Your Potential Case
Our Los Angeles wage and hour lawyers begin by conducting a comprehensive review of your employment documentation, including pay stubs, time records, and workplace policies. During this initial evaluation, we carefully analyze potential violations, calculate unpaid wages and penalties, and determine the strength of your case. We then provide you with a clear understanding of your legal rights and available options for pursuing compensation.
A Los Angeles Wage and Hour Attorney Will Build a Strong Foundation for Your Claim
Our legal team meticulously prepares your case by gathering and preserving all essential evidence. We interview witnesses, document workplace practices, and compile employer policies that demonstrate violations. This thorough preparation creates a solid foundation for negotiations or litigation, strengthening your position from the start.
Your Los Angeles Wage and Hour Lawyer Handles All Aspects of Filing Your Legal Claim
Our Los Angeles wage and hour lawyers manage the entire legal process, from initial filing through resolution. We prepare and submit all necessary documentation, whether through administrative agencies or civil courts. We ensure compliance with all filing deadlines and respond effectively to employer defenses while maintaining clear communication with opposing counsel.
An Experienced Los Angeles Employment Lawyer Ensures Accurate Calculation of All Your Damages
We conduct detailed analyses to determine the full scope of compensation you’re owed. This includes calculating unpaid minimum wages, overtime compensation, meal and rest break premiums, and various penalties. We also factor in interest, statutory penalties, and other damages you may be entitled to under California law.
Our Los Angeles Wage and Hour Attorney Provides Strong Representation Throughout Your Case
Our attorneys represent your interests at every stage of the legal process. This includes settlement negotiations, administrative hearings, court proceedings, and mediation sessions. If necessary, we pursue appeals and evaluate potential class action opportunities when violations affect multiple employees.
The Los Angeles Wage and Hour Lawyer Team Addresses Complex Overtime Violation Issues
Our firm tackles sophisticated overtime cases involving misclassification, off-the-clock work, and incorrect rate calculations. We understand the nuances of California overtime law and ensure employers properly compensate for all hours worked beyond standard thresholds.
Your Los Angeles Employment Lawyer Protects Your Right to Proper Meal and Rest Breaks
When employers deny or interrupt legally mandated breaks, we take action. We pursue claims for missed meal periods and rest breaks, ensuring you receive all required premium pay and addressing workplace policies that discourage taking proper breaks.
Our Los Angeles Wage and Hour Attorneys Fight Against Minimum Wage Violations
Our team pursues full compensation when employers pay below minimum wage, make improper deductions, or fail to reimburse necessary expenses. We ensure compliance with both state and local minimum wage requirements throughout Los Angeles.
A Los Angeles Wage and Hour Lawyer Challenges Employee Misclassification
We address situations where employers incorrectly classify workers as independent contractors or exempt employees. Our attorneys understand the complex criteria for proper classification and fight to secure the benefits and protections you deserve.
The Los Angeles Employment Lawyer Team Manages Class Action Lawsuits When Appropriate
When violations affect groups of employees, we evaluate and pursue class action litigation. Our team handles class certification, represents collective interests, negotiates settlements, and oversees proper claims administration for all affected workers.
Our Los Angeles Wage and Hour Lawyers Serve Workers Across Multiple Industries
Our Los Angeles wage and hour lawyers assist employees from diverse sectors including healthcare, retail, construction, transportation, hospitality, manufacturing, technology, and professional services. We understand the unique wage and hour challenges in each industry.
A Dedicated Los Angeles Wage and Hour Attorney Maintains Strong Communication Throughout Your Case
Our commitment to client service means providing regular updates, clear explanations of legal developments, and prompt responses to your questions. We guide you through each step of the process while keeping you informed and involved in key decisions.
Your Los Angeles Employment Lawyer Protects You Against Workplace Retaliation
Our attorneys safeguard your rights against employer retaliation. We monitor workplace conduct after claims are filed, document any retaliatory actions, and pursue additional legal remedies when employers violate anti-retaliation laws.
The Los Angeles Wage and Hour Lawyer Team Understands the Importance of Timely Action
Time limitations apply to wage and hour claims, making prompt action essential. Our team works efficiently to preserve your rights and meet all legal deadlines while building the strongest possible case for compensation.
Contact Yoosefian Law Firm, P.C. today to discuss your wage and hour concerns with our experienced Los Angeles attorneys. We’re committed to protecting workers’ rights and securing the compensation you’ve earned.
What To Do If You Experience a Wage and Hour Violation in Los Angeles
If you believe your employer has violated wage and hour laws in Los Angeles, taking immediate action is crucial to protect your rights and recover unpaid wages. Follow these essential steps to strengthen your claim and maximize your chances of recovery:
- Document All Hours Worked: Keep a detailed daily log of your start times, end times, and breaks in a notebook or on your phone that stays at home.
- Save Pay Records: Maintain copies of all pay stubs, direct deposit records, and any other payment documentation from your employer.
- Record Missed Breaks: Write down each instance of interrupted or missed meal and rest breaks, including dates and reasons provided by your employer.
- Preserve Communications: Save all emails, texts, and written instructions from your employer regarding work hours, pay rates, or scheduling.
- Calculate Unpaid Wages: Track all unpaid regular hours, overtime, and missed break premiums based on Los Angeles’s current minimum wage rate of $16.78 per hour.
- Gather Supporting Evidence: Collect workplace policies, employee handbooks, timecards, schedules, and any other documents that support your claim.
- Take Detailed Notes: Document conversations about wage issues, including dates, participants, and what was discussed.
- File a Wage Claim: Submit your claim to the California Labor Commissioner’s Office at 320 W. 4th Street, Suite 450, Los Angeles, CA 90013.
- Report to Local Authorities: File a complaint with the Los Angeles Office of Wage Standards if your employer violates local wage ordinances.
- Contact Federal DOL: Report violations to the U.S. Department of Labor’s Wage and Hour Division for federal law violations.
- Consider Legal Representation: Consult with a wage and hour attorney who can evaluate your case and explain your options for recovery.
- Know Your Timeline: Understand that you generally have three years to file statutory wage claims and four years for breach of contract claims.
- Protect Against Retaliation: Document any negative actions taken by your employer after raising wage concerns, as retaliation is illegal.
- Keep Organized Records: Create a dedicated file with all evidence, communications, and claim documentation in chronological order.
- Track Ongoing Violations: Continue documenting new violations even after filing your initial complaint, as they may strengthen your case.
Don’t wait to take action if you suspect wage and hour violations. The longer you wait, the more challenging it becomes to recover your unpaid wages. Contact Yoosefian Law Firm, P.C. for a consultation to discuss your situation and learn about your legal options for wage recovery.
Protect Your Rights – Get Help Today
Don’t let wage theft impact your future. Contact Yoosefian Law Firm, P.C. today. Our Los Angeles wage and hour lawyers will evaluate your case and fight for the compensation you deserve.
Los Angeles Wage and Hour Lawyer FAQs
How much does it cost to hire a Los Angeles wage and hour lawyer?
Most wage and hour attorneys work on a contingency fee basis, meaning they only get paid if you win your case. The fee is typically a percentage of your recovery, so you don’t need to pay anything upfront.
How long does a wage and hour case typically take in Los Angeles?
The timeline varies depending on case complexity, but most wage claims take between 6-18 months to resolve. Simple cases might settle in a few months, while complex class actions can take several years.
Can I pursue a wage claim if I was paid in cash?
Yes. Even if you were paid in cash or “under the table,” you still have the right to minimum wage, overtime, and other wage protections under California law. Keep personal records of your hours and payments received.
Will my immigration status affect my wage claim?
No. California labor laws protect all workers regardless of immigration status. You can pursue unpaid wages without fear of immigration consequences, and employers cannot use immigration status as a defense.
Does my employer need to pay me for training time?
Yes. Time spent in mandatory training, meetings, or orientation must be paid at your regular rate. This includes online training, safety meetings, and any required educational sessions.
Can my employer require me to pay for a uniform or equipment?
No. Employers must pay for required uniforms, tools, and equipment necessary for the job. They cannot deduct these costs from your wages or require you to purchase them as a condition of employment.
What happens if my employer retaliates after I file a wage claim?
Retaliation for filing a wage claim is illegal. You can pursue additional compensation if your employer takes adverse actions like reducing hours, changing schedules, harassment, or termination after filing.
Do I have to notify my employer before filing a wage claim?
No. While you can attempt to resolve issues directly with your employer, you’re not required to give notice before filing a claim. However, documenting any attempts to resolve the issue can strengthen your case.
Can I recover wages from a previous employer?
Yes. The statute of limitations allows you to pursue wage claims for up to three years from the violation date, or four years for breach of contract claims. Keep all documentation from previous employment.
What if my employer claims I’m an independent contractor?
Misclassification is common, but job title alone doesn’t determine status. California uses strict criteria to determine proper classification. You may be entitled to employee benefits despite being labeled a contractor.
Do meal break violations apply to remote workers?
Yes. California meal and rest break requirements apply to remote workers just as they do to in-person employees. Employers must ensure remote workers can take uninterrupted breaks.
Can my employer average my hours over two weeks to avoid overtime?
No. California overtime is calculated on a daily and weekly basis. Each workday and workweek stands alone for overtime purposes, regardless of scheduling patterns.
Are verbal agreements about wages enforceable?
Yes. While written agreements are preferred, verbal agreements about wages and working conditions are legally binding in California. However, documenting all agreements in writing is strongly recommended.
What if my employer filed for bankruptcy?
Wage claims receive priority status in bankruptcy proceedings. Additionally, corporate officers can be held personally liable for unpaid wages in California, providing additional recovery options.
How is overtime calculated if I receive bonuses?
Non-discretionary bonuses must be included when calculating your regular rate of pay for overtime purposes. This often results in additional overtime compensation beyond the standard rate.
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Los Angeles, California, and Federal Wage and Hour Laws: Legal Citations
Los Angeles Municipal Code (LAMC)
Minimum Wage Ordinance
LAMC § 187.00 et seq. “Every Employer shall pay a wage of no less than $16.78 per hour to each Employee for each hour worked within the geographic boundaries of the City. This wage rate shall increase annually (effective July 1) based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Los Angeles metropolitan area.”
Paid Sick Leave
LAMC § 187.04(A) “An Employer shall provide Paid Sick Leave to each Employee who on or after July 1, 2016, works in the City for the same Employer for 30 days or more within a year from the commencement of employment. Paid Sick Leave shall accrue at the rate of one hour for every 30 hours worked within the geographic boundaries of the City.”
Fair Work Week Ordinance
LAMC § 185.00 et seq. “This article shall apply to any person, association, organization, partnership, business trust, limited liability company, or corporation who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any Employee and who: (1) operates a Retail Business in the City; and (2) employs 300 or more Employees globally.”
California Labor Code
Minimum Wage
Labor Code § 1182.12(b) “The minimum wage for all industries and employers shall be sixteen dollars ($16.00) per hour commencing January 1, 2024.”
Overtime
Labor Code § 510(a) “Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.”
Meal Periods
Labor Code § 512(a) “An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee.”
Rest Periods
Labor Code § 226.7(b) “An employer shall not require an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission.”
Record Keeping
Labor Code § 226(a) “An employer, semimonthly or at the time of each payment of wages, shall furnish to his or her employee, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing showing…”
Industrial Welfare Commission Orders
Wage Order 4-2001 (Professional, Technical, Clerical, Mechanical)
Section 3(A) “No employer shall employ any person for a work period of more than eight (8) hours in any workday or more than forty (40) hours in any workweek unless the employee receives one and one-half (1½) times such employee’s regular rate of pay.”
Wage Order 7-2001 (Mercantile Industry)
Section 11(A) “No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes…”
Federal Law – Fair Labor Standards Act (FLSA)
Minimum Wage
29 U.S.C. § 206(a)(1) “Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates…”
Overtime
29 U.S.C. § 207(a)(1) “Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”
Record Keeping
29 U.S.C. § 211(c) “Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him…”
Code of Federal Regulations (CFR)
Overtime Calculation
29 CFR § 778.109 “The ‘regular rate’ under the Act is a rate per hour. The Act does not require employers to compensate employees on an hourly rate basis; their earnings may be determined on a piece-rate, salary, commission, or other basis, but in such case the overtime compensation due to employees must be computed on the basis of the hourly rate derived therefrom…”
Record Keeping Requirements
29 CFR § 516.2 “Every employer shall maintain and preserve payroll or other records containing the following information and data with respect to each employee to whom section 6 or both sections 6 and 7(a) of the Act apply…”
These statutes and regulations are regularly updated through legislative action and administrative rulemaking. For the most current requirements and specific applications, consult with legal counsel or the appropriate government agency.