Tackling Unfair Business Practices
Employers who are found to be liable for wage and hour violations, harassment, discrimination or retaliation may also be found liable for committing unfair or unlawful business practices. At Shanberg, Stafford & Bartz LLP, we hold employers financially accountable for unfair business practices
Unfair Business Practices And Wage And Hour Violations
Employees who are nonexempt have certain rights and protections under state and federal law. Typically, wage and hour violations involve one or more of the following:
- Minimum wage violations: An employer structures your pay so that when you divide it by the hours you’ve worked, you’re actually making less than minimum wage. For example, an employer may pay you on a “project-by-project” basis. You may be told that if you finish a certain number of projects within a given time, your wage will be equal to or greater than the minimum wage. In reality, the project estimates are unrealistic, and you end up making less than minimum wage.
- Overtime pay violations: An employer may tell you he doesn’t pay overtime but expects you to finish the work you’ve been given. Even though you are an hourly employee, you are asked to work “off the clock” in order to avoid being paid overtime. For instance, your employer may tell you that you should have finished your work within the 40-hour workweek. Since you didn’t, he asks you to work over the weekend “off the clock” in order to finish your workload.
- Misclassification of employee status: Employers who want to avoid paying overtime may purposely misclassify an employee as “exempt” from the requirements of the California Labor Code or the FLSA when in reality they should be classified as “nonexempt.” Nonexempt employees receive overtime pay and meal and rest breaks, exempt workers do not.
Contact Newport Beach Unfair Business Practices Attorneys
If you believe you have been denied wages owed to you, or that you have been discriminated against, harassed or retaliated against, contact us at the law office of Shanberg, Stafford & Bartz LLP today at 800-519-9810 or online to schedule an appointment to learn how we can help you.