Those who work hard should not be financially exploited. However, if the employer makes a mistake, this might not occur. Intentional or unintentional, the fallout from these blunders can be substantial. Without adequate compensation, employees may feel they have no choice but to pursue legal action. An Ontario, CA labor law attorney can help you if you have suffered from wage theft.
Employees who suspect they are victims of pay theft should do their own research on the matter before seeking legal counsel. Some businesses try the following three strategies to get their employees to work for less than they are owed:
Withholding any overtime compensation
Employees are entitled to 1.5 times their regular income (up to 12 hours a day) for every hour they work beyond the standard eight-hour workday. After working for seven days straight, they will receive 1.5 times their regular compensation for their first eight hours on the seventh day. When employees work more than 12 hours a day, their base hourly rate increases to 1.5 times their pre-overtime rate. Many companies routinely fail to pay workers for overtime hours worked.
Failing to recognize workers as employees in the appropriate manner
An employer can classify an employee as a freelancer or independent contractor. Independent contractors may not be eligible for overtime compensation. When it comes to insurance and compensation for work-related injuries, an independent contractor may not be qualified for the same benefits as a normal employee. This is because independent contractors are not considered to be employees. A worker also has the possibility of being categorized as “exempt.” An exempt worker is not eligible for overtime compensation under any circumstances.
Failure to compensate for rest intervals
All employees who are not excluded from receiving meal and rest breaks are required to be given those breaks. The law requires employers to provide their employees with a 10-minute break every four hours. The personnel are given a supper break of thirty minutes after working for five hours, and then they are given another break after working for 10 hours. The staff should also be compensated for their time spent eating and relaxing during breaks.
It is against the law to take an employee’s earnings without their permission. It is up to the victims of wage theft to decide whether or not they want to educate themselves on their legal rights and the various options for resolving their cases.