Improper Deductions, Tip Splitting, Commissions, Piece Rate
Employers are in the business of making profit. Occasionally, employers cut corners to minimize expenses and increase profits. As a result, employees are not paid all of their wages, are not paid for overtime or are subject to improper deductions from their pay. At the Southern California law firm of Rheuban & Gresen, our attorneys are committed to protecting employees' rights in wage and hour litigation and class action litigation arising from wage and hour violations. If you believe your rights have been violated by an employer, contact the attorneys at Rheuban & Gresen to schedule an initial consultation.
Unlawful Wage and Hour Practices in California
With decades of experience, the Los Angeles employment lawyers at Rheuban & Gresen are adept at spotting the many deceptive techniques employers use to take advantage of their employees. The following are examples of some unlawful wage and hour practices under California wage and overtime laws. (However, we also handle other unlawful wage and hour cases. Call to discuss your case.)
- Tip splitting: Gratuities are defined as pay over and above the cost of goods or services rendered. Gratuities are personal to the individual receiving the tip and generally should not be taken from the individual or split among other employees. In California, tip splitting (such as splitting of tips in a restaurant or splitting of tips in a coffee shop) is often illegal. If your employer has mandated splitting of gratuities, please contact us.
- Improper deductions or un-reimbursed business expenses: Employees may occasionally be required to pay for certain business-related expenses. However, it is usually unlawful for an employer to fail to reimburse employees for business expenses incurred. Improper deductions may include deductions for uniforms, gasoline, meals during business trips, meals when meeting with clients and other un-reimbursed expenses.
- Commissions: When an employee is operating under a commission agreement, the agreement must still comply with California wage and hour laws. Employees working under commission are still entitled to minimum wage and, generally, paid overtime. Contact us to learn more about your rights or for further explanation of inside sales and outside sales agreements.
- Piece rate: Employees in the linen or garment industries or the construction industry are often paid according to a per piece rate. However, these employees are still entitled to minimum wage for hours worked, meal and rest periods and overtime.
- Working off-the-clock or mandatory unpaid overtime: Employees are entitled to be paid for all hours worked in a given workday. This includes time worked over lunch (even if the employer required the employee to be clocked out) or time worked before or after the mandated time for clocking in or out.
- Other wrongful wage and hour practices: We handle all other unlawful wage and hour practices, such as overtime, minimum wage and meal and rest violations, or misclassification of employees as exempt rather than nonexempt to avoid paying overtime
As experienced employment law attorneys, our attorneys ordinarily file claims under California laws, which often offer more extensive protection and better remedies for California employees than federal laws. Our law firm also pursues class action lawsuits to hold employers accountable for wage and overtime law violations.
To discuss your individual circumstances with an experienced employee rights attorney, contact the Los Angeles law firm of Rheuban & Gresen today.
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