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Wage & Hour Violations
Wage & hour violations can include issues pertaining to unpaid wages, overtime violations, double time violations, meal and rest break violations, minimum wage violations and incorrect wage statements. Such penalties may include penalties that involve time and wait penalties and interest.
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In California, overtime pay is calculated based on the employee’s regular rate of pay. For example, if an employee earns $20 per hour, the overtime rate for a non-exempt employee would be $30 per hour which equals one and a half times the regular rate of pay for the employee.
How To Calculate Double Overtime Pay? In California, employees are entitled to double time pay when they work more than 12 hours in a workday and for all hours worked in excess of eight hours on the seventh consecutive workday in a workweek. For example, if an employee worked 14 hours in a workday and their regular rate of pay was $20 per hour, they would be entitled to $40 per hour for the, 12th, 13th and 14th hour they worked in that same workday. Additionally, they would be entitled to overtime pay of one and half times their regular rate of pay for all hours worked after their 8th hour of work through to the end of their 11th hour of work.
Under California law prevailing wage rates are set by statute for contractors and sub-contractors that perform work on state, municipal and local public works projects with a value of over $1,000.00. Under prevailing wage law, workers must be paid certain rates of pay for each type of work performed. Prevailing wage rates are meant to prevent contractors and sub-contractors from recruiting and paying low wage workers from other areas or countries to do the work at a lower rate since all contractors and sub-contractors would be bound to pay the same amount for the same work duties under the prevailing wage law. Prevailing wage also provides workers with fringe benefits or payment for benefits such that employees are paid the same wage for the same category of work on public works projects.
Yes, in some circumstances. An employee can be paid on a salary basis and still be non-exempt. This means that they are entitled to overtime pay for all hours worked after eight hours in a day and after 40 hours in a workweek in California. If an employee is truly exempt from overtime they will not be entitled to overtime pay. There are several complex tests in order to determine employee status as to whether they are exempt or non-exempt form overtime pay. You should consult with your attorney.
Yes. An employer can ask you to work overtime. If you don’t want to work the overtime you have a couple of choices – you can get another job where you don’t have to work overtime hours, you can try to negotiate your schedule with your employer or finally, you can just work the overtime. Keep in mind that if your employer insists that you work overtime then you can be disciplined or even fired if you don’t show up or you refuse to work the overtime hours.
Nurses are subject to many complex labor law rules and whether they are paid overtime pay depends upon their qualifications and job status as to whether they are an exempt employee or not. Many nurses do qualify for overtime pay. Another factor is whether the nurse is subject to an alternative workweek agreement such as 3 (12) hour shifts or 4 (10) hour shifts by agreement. In these situations, nurses are not entitled to overtime pay unless they work more hours or do not work the agreed shifts. Also a vote must be carried out to determine if a discreet unit will be subject to overtime and to determine shift hours. Please consult your attorney as the law governing nursing occupations is complex.
You can talk to an employment law attorney about your rights to overtime pay. If you are owed overtime pay your attorney may be able to file a case for you seeking not just your overtime pay but other monies you might be owed for regular wages or reimbursement for expenses you incurred on behalf of the company as well as penalties for missed meal or rest breaks and other possible violations.
A violation under the Equal Pay Act involves two workers of different genders who work for the same employer, are performing the same work under similar work conditions and do not receive the same pay. Additionally, the pay difference is based on the gender of the people involved. For instance, two workers, one male and one female who both work in a retail store. One employee is paid $20 per hour and the other is paid $15 per hour even though they perform the same function and work the same hours. If the discrepancy in pay is due to gender, then the employer has likely violated the Equal Pay Act. Title VII covered discriminatory conduct by an employer based on a protected status or characteristic such as race, color, national original, sex and religion. Title VII applies to employers with 15 or more employees. Title VII is much broader than the Equal Pay Act and covers discriminatory conduct and violations in the application process, hiring, firing, promotion and other aspects of employment whereas the Equal Pay Act only covers discriminatory conduct based on unequal pay between persons of different genders.