California labor law guarantees 4 hours minimum pay for all employees who normally work an 8-hour shift, as long as it falls on a day when the worker is scheduled or could potentially work a regular shift. If a situation calls for an employee to report to work, check their work email, login to the scheduling website to check if they are on shift that day, send a text checking in or checking their schedule, or make a phone call into their workplace, they are then entitled to collect their wages for a half day, or 4-hour shift.
Part-time employees who do not have a set schedule or work irregular hours may or may not be entitled to collecting a half day’s worth of wages; this depends entirely on the situation. For example, an employee will be guaranteed 4 hours of pay if they do not know in advance that they are on shift. Similarly, if the employee reports to work and is not needed on shift after all, then sent home, they can also expect to be paid for the full 4 hours.
If your employer is trying to avoid paying you your guaranteed wages, then it is imperative to contact an employment attorney. Sometimes, employers find ways to circumvent employment law to make it seem as though they are not violating any wage and hour regulations. This can lead to workers losing out on wages they are guaranteed under the law, which then causes other problems in their personal and professional lives.
If you feel certain you are not being paid your guaranteed wages, whether as a full-time or part-time employee, it is completely understandable to be upset, frustrated, or hopeless. Luckily, you don’t need to experience any more heartache because your rights as a worker are protected under California law, and a dedicated, compassionate, and determined employment law attorney can help you get the wages you are owed. If you are concerned you will not be able to afford an attorney in the face of missing wages, it is important to understand that most California employment lawyers can address financial hardship on a client’s part by charging on a contingency basis.
If you hire an employment attorney in Glendale, California, you will only have to pay the firm if the outcome of your case is successful. This means you are not required to produce any payment upfront. Your attorney will offer you a consultation, then continue to meet and communicate with you as they determine the right way to provide effective representation while negotiating professionally with the other side. If your case wins, the firm will take a percentage of the settlement, but if they lose the case, you pay nothing to the attorney. Generally, the portion paid to the firm in the event the case is won is about 30% but can vary up to 45% if the settlement is obtained before or after the trial. Your attorney will also advise you regarding mandatory court fees, which must be paid whether the case is successful or not.
There are many changes affecting California HR Law in 2024. These range from Covid-19 requirements for businesses, Covid-19 compensation for workers, expansions to family and sick leave, mandatory bereavement leave, expansions to the Fair Employment and Housing Act (FEHA) to include reproductive health decision-making protections, rights and protections in unsafe working conditions, privacy rights act amendments, and off-the-clock cannabis use. Additionally, SB 1162, the Wage Transparency Law, now requires employers to provide more specifics to pay scale when posting jobs and hiring employees and also requires them to submit pay scale reporting data to the EEOC annually.
The Fair Scheduling Act laws require employers to give their workers advance notice regarding their schedules and shifts. If last-minute changes are made or shifts are canceled, employers are required to pay minimum hourly wages or premiums in light of the disruption. The Fair Scheduling Act protects employees who have experienced their shifts being suddenly canceled, lost pay, been forced to come to work on short notice, and essentially been on-call any time the employer wants.
All California paystubs require itemization. They must also contain extensive information about the employee and their earnings as well as the employer. This information includes:
Employee name, employee Social Security Number (last four digits only), or Employee ID Number,
The basic definition of part-time hours in California is anything under 40 hours a week. However, many employers will covertly take advantage of part-time workers just because they can define the type of wages and benefits given to employees. Often, part-time workers are given lower pay rates, reduced or no benefits, unstable schedules, and low-quality training.
If you are being mistreated by your employer by not being paid according to California law, an empathetic and hands-on employment attorney can advocate for your rights. The sooner you procure trustworthy legal counsel, the better your chances are of getting compensated by your employer.
At MM Law, Maralle Messrelian can offer skilled, aggressive representation to help victims of wage and hour disputes. Our legal team has represented hundreds of clients and is not afraid to confront California employers in court. Unfair labor practices are illegal, and you are not at fault if you have been victimized by an unscrupulous employer. Contact our team today for a consultation so we can determine how to successfully win back your wages.