Resolving Wage and Hour Disputes with Mediation
Navigating Wage and Hour Disputes
Many employees in California have experienced working overtime at some point in their careers. The additional hours worked should result in additional wages, which employers are legally required to provide. Unfortunately, some employers violate wage and hour laws, taking advantage of their dedicated employees. If you want to learn more about wage and overtime laws in California, please continue reading. If you are involved in a wage and hour dispute, seeking professional mediation is crucial to understanding your rights and options.
Consulting with a knowledgeable employment mediator can help you understand your rights and options. Through mediation, you can explore various options, such as filing a complaint with the Labor Commissioner or pursuing a wage and hour claim to resolve the dispute and reach a fair outcome for both parties. It’s essential to be informed about the specific wage, hour, and overtime laws that apply to you.
Wage & Hour Claims Mediator in Los Angeles
Employers in California are obligated to provide proper overtime pay to eligible employees in compliance with both federal and state laws.
Federal Laws
The Wage and Hour Division, a part of the U.S. Department of Labor, enforces the overtime provisions of the Federal Labor Standards Act (FLSA). According to the FLSA, unless exempt, all covered employees are entitled to overtime pay if they work over 40 hours in a week. The overtime rate must be no less than time and a half of the employee’s regular pay rate. For example, if a worker earns $20 per hour and works 2 hours of overtime, they would be entitled to $30 for each overtime hour.
California State Laws
California Labor Code 510 similarly mandates that non-exempt employees receive one and a half times their regular pay rate for working over 40 hours in a week. Additionally, this law requires overtime pay for employees who work:
- Over 8 hours in a single day
- Over 6 consecutive days in a week
Double time is required if an employee works:
- Over 12 hours in one day
- Over 8 hours on the seventh consecutive day of the workweek
However, not all employees are entitled to overtime pay. Common exemptions include:
Exempt Employees: Workers in executive, administrative, and professional roles with salaries no less than twice the minimum wage for full-time work.
Outside Salespersons: Individuals who spend more than half their work time selling products or services outside the employer’s place of business.
Unionized Employees under a Collective Bargaining Agreement: Workers covered by agreements that already address overtime pay and other wage-related issues.
Specified Occupations: Certain jobs, such as live-in nannies, camp counselors, and agricultural workers, have specific overtime rules.
Independent Contractors: Individuals who control their work process and are paid a specified rate.
Employees with an Alternative Workweek Schedule: Those who have agreed in writing with their employer to work up to 10 hours a day without receiving overtime pay.
Receiving Adequate Wages
Understanding wage laws is vital to ensure fair compensation. The FLSA sets the federal minimum wage, currently at $7.25 per hour. However, California law mandates a higher minimum wage of $16 per hour as of 2024, regardless of tips or gratuity. Labor Code 221 ensures that earned wages cannot be withheld to offset tips.
California Labor Code 204 requires employers to pay employees semi-monthly, with an exception for overtime pay, which must be paid by the second regular paycheck after the overtime was worked. Employers are also required to provide itemized wage statements, including gross and net wages, deductions, hourly rates, and hours worked, and retain these statements for at least three years.
Los Angeles Wage and Hour Mediator
Don’t let wage and overtime issues go unresolved. Whether you are an employee or employer facing a wage and hour dispute, contact Resolve Wannon. Our team of expert mediators is here to assist you in resolving your wage and hour disputes through neutral, professional mediation.