Wage & Hour
Always available to assist you.
Under the federal Fair Labor Standards Act (FLSA)
every hourly employee in the nation is entitled to receive a fair wage for time spent working.
SALARIED WORKERS, DAY RATE EMPLOYEES, HOURLY STRAIGHT PAY WORKERS AND 1099 CONTRACTORS:
***IT IS AGAINST THE LAW FOR AN EMPLOYER TO RETALIATE AGAINST YOU FOR A FILING A CLAIM UNDER THE FLSA***
The laws covering worker pay are complicated, and often employers get it wrong. The U.S. Department of Labor has estimated that 70% of all employers in this country may not be paying their employees corectly.
Tens of thousands of workers already have claims pending against their employers.
At Dave Johnson Investigations, we thoroughly investigate all forms of wage theft. The Fair Labor Standards Act (FLSA) requires that all employees be paid overtime when they work more than 40 hours a week. and while there may be exceptions to the rule,overtime is a requirement for everyone, including workers who are paid a salary, a day rate, or straight hourly pay.
Here are some ways that employers may be violating the federal Fair Labor Standards Act (FLSA) and other state laws:
* Paying non-exempt workers a “salary” (flat rate per week, per pay-period, or per month), when the law requires that such workers be paid hourly rates plus overtime (1½ their normal rate of pay). If you work more than 40 hours per week, you may be entitled to overtime pay regardless of whether your employer labels you a salaried employee or not.
*Paying workers a day rate. Such workers often work over 40 hours per week and may be entitled to overtime compensation
* Classifying employees as “independent contractors” ( aka 1099 contractors ) . Many employers attempt to avoid fair wage laws by treating their employees as independent contractors. A true independent contractor controls the details of their work, and are not subject to the direct instruction or supervision concerning those details by employers. Therefore, most workers cannot legally not qualify as true independent contractors. Characterizing them as such is simply a way for employers to deny workers their overtime compensation and other legal protections.
What are the Overtime Rules for Salaried Employees?
- The most important rule is that all workers who are paid a salary are overtime eligible unless they fall within a handful of narrowly construed exemptions to the overtime requirements.
- Job titles, job descriptions or industry custom are meaningless when evaluating whether a salaried worker is overtime eligible.
- Employment agreements do not determine whether someone is overtime eligible. In other words, just because your employer tells you that you aren’t entitled to overtime doesn’t make it so.
- The amount of the salary doesn’t dictate whether workers are overtime eligible. The overtime laws do not discriminate against workers based on their rate of pay.
CAN I RECEIVE OVERTIME AND BACK WAGES?
The general rule is that all workers are overtime eligible unless you fit within one or more of the narrowly construed exemptions to the overtime requirements. To determine whether one or more of these exemptions applies, requires a review of the actual duties you perform. Our attorneys and staff are very experienced in conducting a free overtime evaluation and can quickly assess whether you may be owed back wages.
Some of the factors we investigate in determining whether salaried workers are overtime eligible:
Do you fire, hire, discipline or direct other employees on your own?
Do you supervise any employees on your own?
Do you perform the same duties as hourly workers?
Are you considered a trainee or did you work as a trainee for more than a month?
Does your employer dock or deduct money from your salary when you are late, leave early or work partial days?
Does your job require you to perform routine or repetitive tasks, manual labor, perform work on a production line, or engage in sales?
Does your employer provide you with defined guidelines, practices or procedures describing how to perform your job and when to perform certain tasks?
Do you work outside or at a desk?
Do you have any advanced degrees or licenses?
Job titles of workers in the oilfield that we have assisted include the following:
- Fluid/Mud Engineer
- Solids Control Operator
- Field Specialist
- Sand Coordinator
- Fishing Tool Operator
- Pressure Control Operator
- MWD/LWD
- Directional Driller
- Surveyor
- Driller
- Coil Tubing Operator
- Wireline Operator
- TCP Specialists or Operators
- Pipeline Inspector
- Service Supervisors
- Well Site Supervisors
- H2S Operators
- Cement Specialists
While federal law provides basic rights to all employees, state laws grant individuals additional workplace rights. Federal law provides basic protections, and in many cases, California offers superior legal protections. California’s wage and hour laws are among the most protective in the nation and place additional requirements on employers above and beyond federal laws.
The California Labor Code also varies from the federal Fair Labor Standards Act (FLSA), which means that while an employer might be compliant with federal law, they may not be compliant with California law. The California Labor Code provides increased protection for workers by codifying into the law the ability for workers to band together in class action lawsuits
Do you work in California and have any of the following:
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When businesses need to cut costs, they usually start at their labor expenses. Unfortunately, some California businesses end up violating California laws by classifying employees as exempt from overtime, not permitting meal and rest breaks, and denying vacation pay or other benefits to which they are entitled.
In California, there are specific rules about who is eligible for overtime and who is not. By law, only certain employees are exempt from overtime pay. While mangers are traditionally exempt from overtime pay, sometimes it is not always clear as to who is a worker and who is a manager. According to California law,an employee who spends half their workday doing the same work as their juniors is not a manager and therefore not exempt from overtime pay. Companies will often “promote” a worker to a manager position so they can classify them as exempt, even though their duties don’t change.
Common California Wage and Hour Law Violations:
- Meal and rest breaks: No employer can require an employee to work during any meal or rest period. If an employee works more than 5 hours per day, the employer must provide a 30-minute meal period. Employees are also entitled to a ten-minute break for every four hours of work.
- Minimum wages: California minimum wage is higher than federal minimum wage.
- Overtime pay: In California, employers must pay overtime after eight hours a day or 40 hours a week.
- Reimbursement of business expenses: Workers in California must be reimbursed for expenses they incur as part of their jobs, such as travel expenses, the purchase of uniforms, cell phone usage, entertainment costs, etc.
- Unpaid wages: Employees must be paid wages in a timely manner, including commissions and bonuses
- Vacation: California employer cannot have a “use it or lose it” plan where vacation days are lost without compensation if not used by year end.
California law also prohibits retaliation against an employee who inquires about unpaid wages or files a complaint about an employer’s violation of the wage and hour laws.
California’s labor laws set standards concerning payment of wages, overtime, maximum work hours, vacation pay, and more. The Industrial Welfare Commission (IWC) issues wage orders that regulate various labor conditions, including safety, health, and welfare. Wage Orders are specific to particular industries and occupations, and can be found under Title 8 of the California Code of Regulations (CCR) Sections 11000-11150.
If you believe that your claim may fall under California state labor laws, and that you have been denied wages or other employment benefits, please contact us immediately. We can help you.