Generally, unless an employee is exempt, he or she is entitled to overtime pay. The default is rule is that overtime is calculated at 1.5 times an employee's regular rate of hourly pay, or "time and a half," for each hour worked beyond 8 hours per workday or 40 hours per workweek.
Workers have the right to earn a fair wage. Laws are put in place to govern hourly wages for workers in order to prevent individuals from unfair compensation. Unfortunately, not all employers abide by these laws, and some workers may suffer due to not receiving the pay needed to provide for themselves and their families.
Wage theft is nothing new. Workers in California and across the country have been involved in wage and hour claims for generations, and it seems that the problem continues. Most often, reports tell of wage theft in retail, restaurants and seasonal employment, where workers make low wages and may have reasons to avoid complaining about the unfair treatment. However, wage theft by employers is not limited to mom-and-pop businesses just getting by. In fact, some of the wealthiest corporations steal from their workers.
San Francisco's Consideration of Salary History Ordinance (the "Ordinance") takes effect on July 1, 2018. The Ordinance in certain respects mirrors California's Labor Code section 432.3, which went into effect on January 1, 2018.
Multiple jurisdictions throughout California have enacted minimum wage laws that require payment of wages greater than those which are required by federal and California state law. Many of these jurisdictions schedule increases to take place on July 1, 2018. Below is a summary of the changes to the minimum wage, effective July 1, 2018.
Fair wages and proper compensation is what many people work for. Often, they must work long, hard hours in order to provide for their families and meet other needs, so whenever something seems off with their pay, it can be concerning. Unfortunately, some employers do not properly pay their workers, and it is often up to the employees to pursue their rightful compensation through wage and hour claims.
The California Supreme Court adopted a new legal standard that will make it more difficult for businesses to misclassify workers as independent contractors. This will directly affect the trucking and transportation industry as well as the gig economy (e.g., Uber, Grubhub, Bellhops, Caviar, Dolly, DoorDash).
When California workers have monetary goals they want to reach, they may scrape and save every dime that they earn. However, they may notice that it is taking longer to reach their goals than they had hoped. In some cases, they may simply face more expenses than expected, but in other instances, they may not be receiving their full compensation due to wage theft.
Holding down a job is how most people earn their income. Because these jobs can sometimes seem tedious and often thankless, most individuals seek their pay checks as the reward for putting in their time and effort. However, when workers are not properly compensated, the improper pay can seem insulting and give cause for wage and hour claims.
Going to work, performing duties and earning a paycheck is a common routine. Working hard is generally how most California residents earn a living that allows them to provide for themselves and their families. Even if they do not feeling that they are working their dream jobs, they may still appreciate the ability to generate a useful income. However, when an employer fails to properly compensate workers, wage and hour claims may become necessary.