While you assume that your employers knows, understands, and follows what the labor codes are, there are several employers everywhere who are routinely, intentionally or unintentionally, violating the laws that protect the employees. Below are the top two workplace laws that your employers are intentionally or unintentionally violating:
- Deprivation of proper pay
No matter what your efforts are or how productive you are, there is one out of three employers that fail to pay their employees with the agreed wage at the right time. Despite that this problem is almost pandemic, strict laws against it are unable to pinpoint companies or employers around the globe who are guilty of such actions. San Diego California is one of the cities to have a higher minimum wage, which was mandated by the Federal government; however, despite this fact, there are significant numbers of employees who are receiving below the mandated wage rate. Unfortunately, some companies or employers are prohibiting the discussion of salary, which goes against the National Labor Relations Act, where the employees can talk about their pay with the other employees. Despite this, many employees are blinded by the company regulations, disapproving to talk about employee salary themselves. If you think you are one of those people who is currently having wage problem, you have to consult a quality lawyer for unpaid wages in San Diego. You should know your rights to proper wage, and when it comes to this, consulting a lawyer is the best way to deal with it.
- Disregarding some exemption under Fair Labor Standard Act (FLSA)
There are two types of employees in normal workplace settings – the “exempted” and “non-exempted”. According to Fair Labor Standard Act, the exempt employees are exempted for overtime pay for any additional time used to work in the office, which means, their employers are not required to pay their employees with overtime pay that falls into this category. However, it is the employer’s discretion whether an employee receives pay or not for the overtime, some companies give incentives in lieu of the overtime pay. Non-exempted on the other hand, are eligible to receive overtime pay or any added working hours on top of the 40 working hours per week. The federal law states that it is imperative that all companies or employers are required to stay compliant on FLSA. But, who are exempted and non-exempted?
As defined by the federal law, exempted workers have duties and responsibilities of administrative, executive, professionals, and employees who can practice independent judgment in their field of work. Non-exempt employees, according to the FLSA’s definition, are paid hourly, regardless of their wage rate; these include, but not limited to, blue-collar jobs, clerical, interns, construction, and semi-skilled workers. What would you do if you found out your employer is violating any of the given law that protects the employees? Simple, before taking legal actions, try consulting your supervisors to bring the higher op’s attention. However, if they decline to de-escalate the issue or decline to a dialogue, it would be wise to consult your lawyer for further actions. If you need skilled and trusted lawyers, Walker Law, PC will help you out.