The Fair Labor Standards Act (FLSA) is the primary source of federal wage and hour law. The FLSA created the first national minimum wage law and guaranteed overtime pay of at least one-and-a-half times the regular rate of pay for all hours over 40 in a workweek.
In the State of California, California labor law and the Industrial Welfare Commission also set standards concerning payment of wages, rest and meal periods, overtime, maximum work hours, vacation pay, record-keeping requirements, and labor conditions, including health and safety conditions.
Employees bring wage and hour claims when their employer either does not compensate them for all hours worked, or compensates them at a rate that is lower than what is legally required.
Different Ways that Employers Deny Wages and Full Compensation under Wage & Hour Laws
Whenever an employer requires an employee to work without clocking in or logging the hours, the employee may have a claim for off-the-clock work.
Specifically, claims based on off-the-clock time spent putting on and taking off uniforms or protective gear are called donning-and-doffing claims.
Whenever an employer fails to provide an employee with meal breaks or paid rest breaks, the employee may have a meal and rest break claim.
Whenever an employer fails to provide the minimum wage required under either federal or state law, the employee may have a minimum wage claim.
Whenever an employer fails to provide additional pay for overtime hours, an employee may have an overtime claim.
Whenever an employer fails to reimburse an employee for expenses, such as for gasoline, an employee may have an expense reimbursement claim.
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