Employment Lawyer Newport Beach
For immediate legal assistance call us at 949-203-3814 to get a free, no obligation case review from experienced Newport Beach Employment Lawyers. Bisnar Chase has been representing Newport Beach residents since 1978 and we've recovered hundreds of millions for our clients.
Your Employee Rights
If you believe that your rights as a worker have been violated, contact our experienced employment lawyers in Newport Beach. At Bisnar Chase we will review the circumstances of your case at no cost and help you understand your rights and how to protect your best interests. Contact us today to see if you have a case and are entitled to compensation. We represent employees who are victims of wage and hour violations, age discrimination, abusive work environment and class actions.
Some of Our Employment Victories
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Newport Beach offers many employment opportunities. It is one of the more desirable places to live in Orange County and many college graduates as well as experienced workers seek employment here.
There are many different ways in which an employee's rights can be violated. Many workers, for example, are wrongfully terminated or discriminated against because of their race, sex or age. Others are asked to work long hours without proper reimbursement. In fact, wage and hour disagreements are some of the most common forms of employment disputes.
Wage and Hour Disagreements
Some of the most common wage disputes involve an employer’s failure to provide overtime compensation or disputes regarding a failure to pay for work performed before or after work. Many of these laws that protect the rights of workers to receive fair wages are specified in the Fair Labor Standards Act or California specific labor laws.
The Fair Labor Standards Act
The Fair Labor Standards Act of 1938 was created to prevent employers from forcing employees to work excessive hours and to stop child labor. This act established a national minimum wage and it guaranteed time-and-a-half for overtime in certain jobs. In 1946, the Supreme Court decision on Anderson v. Mt. Clemens Pottery Co. stated that preliminary work activities, when controlled by the employer and for the employer's benefit, are considered as working time.
This means that work you perform before work may be included when determining eligibility for overtime. This was expanded upon in 1947 when the Portal-to-Portal Act essentially required employers to pay employees for any work-related activities regardless of when those activities are performed. Many rights and protections provided by the FLSA, however, were changed when President Bush passed FairPay in 2004.
FairPay and Wage Disputes
There were many modifications made to the FLSA when the FairPay act went into affect. Many low-level working supervisors were reclassified as executives which made them unable to pursue overtime. There are many other amendments and state laws that affect overtime or fair wages, so anyone with concerns regarding fair wages would be well advised to discuss the specifics of their case with a skilled Newport Beach employment lawyer.
Overtime is additional compensation for working over 40 hours a week. In California, overtime also includes working more than eight hours in one day. California goes beyond federal law to protect employees from working long hours without additional pay. In fact, state employees are presumed to be entitled to overtime pay, which puts the burden of proof on the employer to prove that they paid their workers correctly.
In addition salaried employees are eligible for overtime pay. The actual work activities and not the job title or responsibilities determine who is eligible for overtime. Some companies will give inaccurate job titles to an employee so that they will not have to pay them overtime. State law, however, considers what the worker actually does over half of the time they are working instead of simply considering their job title.
Exemptions to Overtime
Here are a few examples of employees who may not be eligible for overtime pay:
- Executives: Employees who spend over half their time at work managing businesses and departments of a business may not be eligible for overtime
- Administrators: Employees who spend the majority of their day assisting the proprietor or other exempt individual in matters of significance
- Professionals: Individuals who have certain licenses to practice a profession
- Outside salesperson: Individuals who spend most of their work making sales and filing orders away from the workplace
- Computer software professional: This only includes individuals who handle computer software and make a significant rate
Get in touch with one of our Newport Beach Employee Rights Lawyers today and find out if you have a case against your employer. You may be entitled to fair compensation.