Holding Employers Accountable To Fair Pay Practices
Although state and federal law clearly define rules and regulations concerning pay and the proper treatment of employees, violations are very common. Regardless of whether an employer is disregarding the law or management is ignorant of the law, employees have a right to fair treatment and fair compensation. At Turk Law Firm, I represent employees in wage and hour claims concerning a range of employer infractions, including:
- Unfair pay policies
- Unpaid commissions
- Misclassifying employees
- Failure to give required breaks
- Failure to properly reimburse expenses
- Failure to pay overtime
California law protects all workers regardless of industry, job title or immigration status. If your employer is not treating you fairly, I can help hold them accountable and help you get proper compensation.
Recovering Unpaid Overtime
California law requires that nonexempt employees (hourly) and employees misclassified as exempt (salaried) are paid at least time-and-a-half for any time beyond eight hours in a single workday and/or any time over 40 hours in a workweek. In some circumstances, two times the regular rate is required. If we win your claim, the California Labor Code requires your employer to pay our fees. You may also be entitled to double damages, depending on whether your employer failed to pay minimum wages. I am selective in the claims I take, but in my experience, all unpaid overtime claims are worth investigating, even if you think you don’t have a strong claim.
Helping Salespeople Recover Unpaid Commissions
Unlike laws concerning hourly pay and required breaks, there are no unifying requirements on how commission agreements are structured. Commission agreements fall under contract law and can be structured in almost any format as long as both parties agree and sign the contract. As a result, these agreements are often confusing, especially when it comes to paying commissions due when a salesperson is fired or leaves the company. So while an employment contract determines when a commission is earned, California labor law determines when it must be paid.
If you believe you are owed unpaid commissions, I can review your agreement and determine whether your employer owes you money.