Federal and state employment laws require employers in California to pay employees a minimum wage of $ 7.25 and $15.50 per hour respectively. The according to Fair Labor Standards Act (FLSA) also requires employers to provide overtime pay for hours worked more than 40 in a work week or 8 hours in a workday. Employers who underpay their workers are responsible for twofold damages.
Damages you could receive for FLSA violations
Under the FLSA, employees can recover damages for unpaid minimum wage and overtime pay, as well as liquidated damages and attorney’s fees. Liquidated damages are an additional amount of money you could receive if your employer acted in bad faith.
Who is covered by the FLSA?
The FLSA covers most private and public sector employees, including those who work in factories, offices, and retail stores. Also, the FLSA applies to companies with $500,000 or more and those engaging in interstate commerce. Other employers are those using phone lines, the internet, or mail. However, some exceptions exist, such as independent contractors and certain agricultural workers.
How do I know if my employer violated the FLSA?
There are several ways that an employer may violate the FLSA, including failing to pay minimum wage and not compensating employees for overtime hours.
Minimum Wage
Under the FLSA, most employees must be paid at least the federal minimum wage of $7.25 per hour. If your employer is paying you less than the minimum wage, they are in violation of the FLSA. Note that as of 2023, the California government states that the minimum wage is $15.50 per hour.
Overtime
The FLSA requires your employer to pay you time-and-a-half if you work more than:
- 40 hours per workweek
- Eight hours per workday
- Six days per workweek
If your employer is not paying you overtime, they may be in violation of employee rights and California labor law.
What You Should Do If Your Employer is Not Paying Correctly
If you believe that your employer is not paying you correctly, several steps that you could take are:
- Ensuring that all deductions are correct.
- Ensuring overtime is compensated.
- Ensuring the pay rate is correct.
- Ensuring that your work hours are correct.
- Ensuring your paycheck is correct.
Suing your employer for not paying minimum wage or paying overtime
If your employer has violated the Fair Labor Standards Act, you want to file a lawsuit. Working with an experienced labor attorney who can help you understand your legal options and build a strong case is advisable.
Wage violations can occur when an employer does not pay their employees the correct wages, such as minimum wage or overtime pay. You could take legal action and recover damages for unpaid minimum wage and overtime pay. Working with an experienced attorney is advisable to ensure that your rights are protected and that you receive the compensation you deserve.