In our experience, many, if not most, employees and employers work under the same common misconceptions regarding their rights and obligations within the employment relationship. Here are some examples of false assumptions made by both employers and employees.
Assumption:
An employee paid on a salary basis or working as a manager/supervisor is not entitled to overtime pay.
Fact:
Many employees and employers mistakenly assume that if an employee is paid on a salary basis, or working as a supervisor/manager, then he or she is not entitled to overtime compensation. Not so. The right to overtime pay is not decided by an employee’s title or method of compensation, but rather, in most situations, by the type of work performed. Employees should not presume that the type of work that they perform precludes them from receiving overtime without first consulting with an attorney. LEARN MORE.
Assumption:
An employee paid on a commission basis is not entitled to overtime compensation or minimum wage.
Fact:
Issues related to commissions can be complex, but there are nevertheless many circumstances where an employee paid on a commission basis would be entitled to overtime or minimum wage compensation. In fact, a failure to pay commission employees minimum wage and/or overtime compensation is one of the more common mistakes made by employers. Please contact our office for more information about your rights as a commission employee. LEARN MORE.
Assumption:
Employees classified as independent contractors are not entitled to overtime or minimum wage compensation.
Fact:
In order to avoid various responsibilities to its employees, including the payment of overtime compensation, employers often try to classify the worker as an independent contractor. In truth, it is quite difficult for an employer to establish that a person is legitimately working as an independent contractor. There are many factors that the employer must satisfy before meeting this difficult test and the end result is often a costly judgment or settlement in favor of the employee. LEARN MORE.
Assumption:
If the employee is paid to work through his or her meal break, then no violation of the law has occurred.
Fact:
Many employees and employers assume that an adequate meal break is provided merely by the fact that employees are permitted to consume food at some time during their work shift. This is very rarely the case. There are very specific guidelines governing the requirements of an employer to provide an uninterrupted meal break. In most circumstances, the employee must be relieved of all duties during the meal period for the employer to be in compliance with California law, regardless of whether or not the employee was paid for his or her time. LEARN MORE.
Assumption:
An employee needs records of hours worked to prove an overtime or minimum wage claim.
Fact:
Many employees decide not pursue a claim for overtime or minimum wage compensation because they assume they need documentary evidence to prove their case. Not true. It is the employer, not the employee, who is responsible for keeping records of an employee’s hours worked. Many, if not most, overtime and minimum wage cases are won without the use of time records. In fact, the employee’s testimony alone is often sufficient. Learn more. (link to Wage and Hour page)
Assumption:
My case is too small to pursue.
Fact:
The majority of federal and state wage and hour laws contain provisions whereby the employee may recover attorney fees from the employer. These provisions allow attorneys to accept cases with comparatively small damages. Finally, in many cases, employees may also recover penalties and other additional damages provided for under the law, which typically double the potential recovery. LEARN MORE.
Assumption:
A lawsuit would be far too costly to pursue.
Fact:
There are no up-front costs or attorney fees. We advance all costs of litigation on your behalf. All cases filed on behalf of employees are accepted on a contingency fee basis, with costs and fees to be paid upon recovery from any settlement or judgment awarded. If there is no money recovered in your cases, you pay us nothing. LEARN MORE.
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