Wage, Hour & Overtime Disputes

Wage, Hour and Unpaid Overtime Disputes

Northern California Labor Law Attorneys

• Does your employer expect you to work "off the clock" before or after you sign in or out for your regular work shift (or during your meal break)?
• Do you have to work overtime without pay because you're a "supervisor" or "manager," but you don't have any actual management duties?

There are many ways employers try to get out of paying employees what they are owed. Unpaid overtime is a big problem for many California employees.

Know your rights under the Fair Labor Standards Act (FLSA). Get the compensation you deserve. Contact an employment lawyer at the law office of W.J. Smith & Associates in Fresno, California. Our firm brings employment law cases to court for clients across northern California. Call 559-432-0986 or 916-551-1556 to speak to an attorney.

Examples of Wage and Hour and Unpaid Overtime Disputes

Employers violate wage and hour laws in many ways. While it's most visible for hourly workers, salaried workers can also be affected if they have been misclassified as an exempt worker. Exempt employees are not eligible for overtime pay.

Here are a few examples of common wage and hour disputes for hourly workers:

• Failing to pay the legal minimum wage
• Requiring workers to work more than 8 hours a day or 40 hours a week without paying overtime
• Requiring workers to work "off the clock"
• Failing to document the hours an employee actually worked
• Failing to count travel time when that is allowed
• Sending workers home early without paying them for at least a half day's shift
• Not allowing employees to take their lunch break or rest period
• Requiring a worker to give management a share of tips
• Failing to pay a split‑shift premium if a worker had to leave and come back
• Failing to reimburse employees for work related expenses, such as mileage, client entertainment, etc.
• Paying straight time for overtime hours worked
• Failing to pay piece workers at overtime rate
• Failing to give 1 1/2 hours of "comp" time for overtime hours worked

Salaried workers in high tech fields, inside sales and administrative positions face these types of wage and hour violations:

• Improperly classifying an employee as a contract worker
• Giving a non-management employee the title of "supervisor" or "manager" so they cannot claim overtime pay
• Failing to pay overtime for workers who work on commission or on a piece-rate basis
• Failing to pay qualified inside sales employees overtime pay if they qualify

Not Sure if You Have a Case?

Contact our Fresno law office to talk with an employment lawyer about your unpaid overtime dispute. Wage and hour laws can be difficult to understand. We can explain "exempt" and "non-exempt", and we can help you determine if you have been treated unfairly by your employer.