Employees and employers are often in dispute. Whether it is unpaid vacation time, missing wages, or other employee rights issues, the disputes happen every day and in many different workplaces across the country.
Employment law is extremely complicated, and because of it, most employees are unaware of their rights, or at least to a full extent. They have many questions about their rights regarding:
- Comp time
- Wage increase
- Paid leave
- Sick leave
- Overtime work
If you are having issues in your workplace, know that you are not alone and that there are thousands of individuals, just like you, in need of help and legal representation. Feel free to consult with workplace injury lawyers in Los Angeles and learn more about your problem and how you can find a solution.
Here are 8 common workplace violations that you should be aware of as an employee or employer.
Unpaid Sick Leave
Every employee in California who has worked for the same employer for more than a year has the right to take up to 48 hours (6 workdays) of paid sick leave. The employer has to pay the employee for those days or face legal consequences.
Unpaid Vacation Time
If the company’s policy states that employees should be given paid vacation time, they are free to take their vacations. However, most companies do not provide their employees with paid vacation time. Under the FLSA (Fair Labor Standards Act), the employer is not required to pay employees for unused vacation time.
*Note: Some states may require payment of unused vacation leave upon termination.
Unpaid Compensable Time
All Non-exempt workers are entitled to compensation for any “extra” work that they have done while at work. This extra work means any work that you have done while wearing your uniform, protective mask and equipment, or even cleaning your desk or work area. If you have to work through your lunch break, even if your employer did not ask you to, you are entitled to compensation.
Use it or Lose it
Some companies require their employees to use their vacation time or lose it at the end of a work year. This is illegal in California and many other states. If this happened to you, feel free to contact a Los Angeles workplace injury lawyer and seek their help with filing a claim against your employer.
If your contract states that you are entitled to bonuses or commissions based on performance (production, sales quotas), these bonuses should be paid to you in your compensation. If your employer is refusing to provide you with these bonuses, he or she is violating the employment law.
Misclassification of Employees as Exempt Workers
Are you 100 percent sure that you are either an exempt or a non-exempt employee? This is very important, for the first is not entitled to receive overtime pay, while the latter is. Be sure to ask before signing a contract (or starting to work for an employer).
Minimum Wage Violations
If your employer is paying you less than what is defined by the laws and regulations, you have the right to file a lawsuit against your employer. At the same time, if your employer is giving you cash instead of paying you through your bank, you should know that it is a violation of the employment law and that your employer is trying to avoid taxes.
A lot of employers are allowing their non-exempt employees to work overtime without letting them report those hours. This is a direct violation of the FLSA policies, and any employer caught doing so will face serious legal consequences.