Wage & hour law focuses on earned compensation that is never provided by an employer. This can range from one’s hourly wage, lunch breaks, bonuses, and paid vacation.
Wage & Hour Law
Both federal and California law provide protections to employees who did not receive their pay. California law provides for not only receiving the compensation the employee earned, but also a waiting time penalty for lack of payment. These protections are set forth in California’s Labor Code. See LABOR CODE §§ 201, 202, 203, 208 & 218. The law also allows for the employee’s attorney’s fees, which can accumulate substantial if the matter goes all the way to trial.
Independent Contractor v. Employee
It does not matter if the employee is working on a salary or on the hour, these law apply to across the board. In fact, although someone may be called an “independent contractor”, depending on the facts of the situation, that person may also be covered under the Labor Code as an employee. This issue comes up in many of the shared economy companies. These include the ride sharing companies such as Lyft and Uber. Many of the people employed in these companies were wrongfully categorized as “contractors” when in fact under California law, they were “employees.”
Employee v. Partner
In fact, the attorneys at the Law Offices of Ara Jabagchourian, P.C. were able to obtain a substantial judgment against a law firm. In that case, the law firm incorrectly labeled many of its employees “partners.” Yet, these “partners” did not share in the profits or make any firm wide decisions. The judgment reflected that the clients were in fact employees and were owed substantial back wages and bonuses. The court also awarded $100,000 in attorneys fees for having to bring forth the case in court.
If you believe you were not full compensated by your employer, please contact an attorney at the Law Offices of Ara Jabagchourian, P.C. for a free consultation.