The Most Common Type Of Employment Lawsuit
You might be surprised to learn that the most common type of employment lawsuit involves the payment or nonpayment of wages. An unequal pay attorney in California will let you know if you have a legitimate case.
Types Of Unequal Pay Discrimination
Obviously, there are a lot of ways in which a person can be discriminated against in terms of their pay.
If you are not paid at least the minimum wage, you may have a lawsuit that can be brought before a judge. That is something that is very specifically outlined in the law. Most employers are smart enough to at least avoid this obvious violation of the law, but that may not prevent them from getting into other types of issues.
Not paying the proper amount for overtime pay is another issue. Hourly employees have to be paid at least one and a half times their standard hourly wage for overtime hours. In the United States, anything over forty hours per week or over eight hours a day is considered to be overtime. A lot of employers may try to cheat you out of this time because they simply do not want to pay those extra expensive hours.
Finally, the misclassification of an employee is another issue that could be costing you money. Employers may try to do what they can to classify certain employees as salaried “exempt” employees even if they should obviously be hourly “non-exempt” employees. This is typically done to avoid paying overtime.
Other Issues That Could Be Impacting Your Life
Unequal pay at work could happen because you are the victim of record keeping violations. If an employer intentionally changes the number of hours that you have really worked, they are violating the law. It is something that could be costing you a lot of hours, and that could be a loss of money to you at the end of the day.
Child labor is another issue that could be brought before a court. There are laws that do not allow for people under a certain age to be able to work or restrict the working hours for young employees.
How To Prove Your Case
There are some documents that you can use to prove your case. Simple things such as pay stubs are important pieces of evidence in your case. Employers who are trying to cheat you and the law may do what they can to fake important documents, such as your pay stubs. This is important to remember because you may need more than your pay stubs to establish your claims. Your attorneys will advise you as to exactly what kind of documents they will need in order to prove your case.
It is very important to consult with an experienced employment attorney to determine if you have a valid claim and whether you can prove it. Talk to your lawyer and prepare yourself for all that is involved here.
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