Wage and Hour

Are You the Victim of Wage and Hour Violations?

Your employer is legally required to provide minimum employee pay and breaks.  Employers must also pay overtime (time and a half) to non-exempt employees when an employee works more than 8 hours in a day or 40 hours in a week.  There’s no real fun way to describe this area of the law, which can actually be beneficial to determine whether you have a case.  

Occasionally, employers try to get out of their wage and hour obligations by misclassifiying employees.  There are three main classes of employees: non-exempt, exempt, and independent contractor.  The main difference between each classification are the job responsibilities and how pay is calculated.

Non-Exempt Employees are paid hourly and qualify for overtime.  They must be paid at least minimum wage and also have rights to meal/rest breaks.  California law assumes ALL employees are non-exempt UNLESS the employer can show the employee performs work in the manner described below. 

Exempt Employees earn a set salary that does not fluctuate based on the number of hours they work in a day.  Exempt employees MUST perform administrative, executive, or professional duties.  They should also exercise independent judgment and discretion when discharging their duties.  A job title does not determine exempt or non-exempt status. 

Independent Contractors are workers are separate from the purview of the employer.  Independent contractors do not qualify for certain employment protections such as wage and hour laws, workplace safety laws, and retaliation.  With the exception of a few industries, workers must meet ALL of the following characteristics/conditions to be considered an independent contractor:

1. The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
2. The worker performs work that is outside the usual course of the hiring entity’s business; and
3. The worker is customarily engaged in an independently established trace, occupation, or business of the same nature as that involved in the work performed. *

*Fun Fact: Courts actually refer to this as the “ABC” test.

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