Wages disputes are among the most common form of legal trouble for both employers and their employee’s. Whether it is in relation to holiday pay or even sick pay when you are physically unable to work, many workers find themselves frustrated and feeling helpless when it comes to battling their employers over wages.
Generally speaking, a full time employee should work 40 hours per week and anything over this is considered overtime by law (the Federal Labor Standards Act (FLSA) regulates this section of employee rights). However, if you are an exempt employee then you are not eligible for any overtime pay and sometimes a company will have you down as such when actually you are liable to receive both overtime pay and the minimum wage. Indeed, many sales persons have found that the amount of commission stipulated in their contracts and the amount that they actually receive can differentiate, even slightly.
The help of a San Diego employment lawyer can determine if your rights as a worker have been violated or if you are eligible to pursue a matter in which you think you have been discriminated against. For instance, if you have recently left work on maternity leave then the employer is, by law, bound to provide you with maternity pay; this may, and often is, less than what you will receive if you were actually working full-time, however many businesses will try and get around this law. Indeed, it doesn’t even have to be in your contract as most employees will be entitled to a minimum amount of maternity and sick pay by law.
Legally speaking an employer is able to make certain deductions from your wage (tax, union fee’s etc…) however in some cases they have been more deductions than there should be and the services of a San Diego employment lawyer will ensure that you are receiving your full wage and that your employer is kept in check and on the right side of the law.
