Pay and Compensation Discrimination

Wage inequality and pay-related discrimination are some of the most widely reported on and broadly understood kinds of wage and hour claims filed by workers in the U.S. However, they are far from the only kinds of wage-related discrimination and hours violations faced by salaried and hourly employees alike. Every “level” of the American workforce, from executives to managers, mid-level employees to entry-level workers, documented and undocumented, experience staggering rates of wage inequality and pay-related discrimination. Whether any given worker’s situation is legally actionable depends on a variety of circumstances. This area of employment law is both complex and particularly influenced by individual circumstances. As a result, it is important to avoid assuming that you either have or don’t have grounds to file legal action against your employer until an attorney well-versed in this nuanced area of law has assessed your situation objectively.

Client-Focused Representation of Workers Navigating Wage and Hour Claims

Being paid properly for the services that you provide your employer affects your ability to provide for yourself and your loved ones, to pursue passions outside of work, and to maintain health and wellbeing. Therefore, there are few scenarios that our law firm takes more seriously than violations of a worker’s right to receive the full amount of compensation to which they are lawfully entitled. In the event that your employer has infringed upon your compensation-related rights due to discriminatory conduct, misclassification, and/or disregard for federal and state laws and regulations, our dedicated and client-focused team will do everything we can to ensure that you receive what is owed and that your rights are protected moving forward.

Our firm has cultivated a reputation within San Jose and Silicon Valley for quality legal services and efficient, effective, and compassionate representation of our clients’ interests. Regardless of your personal circumstances or the kinds of wage and hour challenges you’re dealing with, we would consider it an honor to advocate on your behalf. Please connect with our firm today to schedule a confidential, risk-free consultation at no cost. Our team believes that every worker, regardless of their ability to pay, deserves to understand their rights under the law and to make informed decisions in the event that those rights have been treated with disrespect.

Despite vocal efforts to “close the gap” since the second wave of feminism hit the U.S. in earnest during the 1960s, according to PayScale.com, women in the U.S. made $0.81 for every $1.00 earned by men during 2020. Pay inequity based on gender isn’t the only troubling reality affecting compensation rates in American society. Both men and women of color earn significantly less over a lifetime than similarly qualified white men do. According to PayScale.com, the only significant exception to this unacceptable disparity is the earning capacity of Asian men and women who are not women of Pacific-Islander descent. The data reported by PayScale.com also suggests that Native American men earn as much as similarly qualified white men. However, all non-Asian women and most men of color earn considerably less than similarly qualified white men do.

It isn’t always easy to prove when a worker is being paid less than a similarly qualified colleague. However, when an experienced attorney is given the opportunity to make a strong case regarding pay discrimination, the results can be significant for affected workers. The federal Equal Pay Act prohibits employers from compensating women less than they compensate men for equal work. California’s Equal Pay Act, by contrast, mandates that employers in California pay employees equally, regardless of their sex, when those workers are engaged in substantially similar work when viewed through the lens of effort, responsibility, and skill. As of 2017, these same mandates apply to workers regardless of their race or ethnicity under California law as well. In the event that employers disregard these legal mandates and a skilled attorney can prove as much, affected workers may receive significant compensation related to the unequal compensation they have been subjected to.

Misclassification

When workers are classified as either part-time or full-time employees, they are entitled to certain benefits under the law. These benefits often include workers’ compensation coverage, access to legally-protected family and medical leave, and even medical coverage under certain circumstances. When workers are classified as independent contractors, employers aren’t required to extend various benefits and legal protections to these individuals. As a result of this disparity, hiring employees costs employers more over time than hiring independent contractors does.

Oftentimes, employers misclassify employees – either intentionally in an effort to save money or unintentionally – as independent contractors. When misclassification occurs, those independent contractors who should rightfully be classified as employees miss out on valuable benefits, legal protections, and forms of compensation ordinarily afforded to employees. If you believe that you may have been intentionally or unintentionally classified as an independent contractor, you may be owed significant compensation and benefits both in terms of “back pay” and moving forward as a properly reclassified employee.

Per California Labor Code Section 2750.3, if any of the following conditions is true, you should be classified as an employee, not as an independent contractor:

  • You are bound by the control and direction of the hirer;
  • You perform work within the usual course of the hiring entity’s business; or
  • You are not customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed on behalf of the company for which you provide work-related services. 

If any of these scenarios may describe your situation, you may be entitled to reclassification and significant compensation at this time. When you arrive for a free consultation with our legal team, please alert us to your situation accordingly.

Wages – Overtime, Minimum Compensation

While the federal Fair Labor Standards Act governs the minimum standards for minimum wage and overtime that employers in all states are required to adhere to, California’s laws protect workers to a greater extent than the FLSA does. As a result, California law governs when workers’ rights are being infringed upon. For example, federal law doesn’t always protect the right of workers to be treated as “on the clock” while they are subjected to wait times in a security line or while they are taking protective equipment on and off. However, California law often requires that employers compensate workers for such time. Whenever California law is more “generous” in respect to workers’ rights, it is state law – not federal law – that governs the situation in question.

California law broadly protects the rights of workers to be paid the minimum wages that they are due, all earned wages owed (even if they have been terminated before they have been fully reimbursed), and overtime. California law safeguards employees from being unlawfully directed or permitted to engage in “off the clock” overtime opportunities. Additionally, per California Labor Code § 218.5. employers are required to pay workers their wages – including any commissions or bonuses owed – in a timely manner. If regular wages are not paid promptly and completely, workers may recover what they are owed, plus legal fees, via a civil action.

California workers are also entitled to applicable minimum wages as dictated by state law or (in the event that local laws are more generous than the state minimums) local law. This calculus applies to work completed hourly. Meaning, workers are entitled to the minimum amount mandated by law for each hour they work, not a minimum for total hours worked over a given pay period. Similarly, California law requires employers to pay hourly workers overtime if they engage in work-related activity for more than 40 hours in any given week. Most of the time, overtime rules also apply if a worker is on the job for more than eight hours in a given day, although some exceptions to that rule may apply. Hourly workers are also generally entitled to double the rate of their ordinary pay if/when they exceed 12 hours of work per day or eight hours per day for seven days straight.

There is a great deal of nuanced math that goes into ensuring that workers, whether they be documented or undocumented, receive the compensation to which they are entitled. In the event that you suspect that you have been denied rightful compensation, please contact our firm for a free consultation so that we can evaluate your situation in detail and advocate for your rights in the event that you have been denied compensation to which you are owed.


Mealtimes, Breaks, and Rest

Under California law, workers are entitled to rest at specific intervals and in specific capacities. Infringing upon these rights is every bit as serious an offense as infringing upon an employee’s right to rightful compensation. Most of the time, when a shift lasts for more than five hours, a worker is entitled to an uninterrupted 30-minute break during which they are relieved of all job-related duties. An additional uninterrupted, duty-free 10-minute rest period is required for every four hours of work.

Additional breaks, rest periods, and accommodations may be required dependent upon the industry that the worker is employed by and/or that worker’s unique needs related to disability and/or religious beliefs. For example, long-haul truck drivers are required to rest at specific intervals as mandated by the Federal Motor Carrier Safety Administration. Nursing mothers must be given access to certain amounts of time and space to pump breastmilk per specific provisions in the federal Affordable Care Act. Workers may request reasonable accommodations for breaks per the Americans with Disabilities Act. This area of law, like most areas of labor and employment law, is complex and largely dependent upon circumstance. The law honors that not every workplace operates in the same way. However, it does safeguard foundational workers’ rights regardless of circumstance.

Whether you are being paid less than a colleague is for substantially similar work, you’re being denied rightful compensation, or you’re unable to rest per the rights afforded to you under California law, our firm can help you to hold your employer accountable for infringing upon your rights to fair pay and to fair compensation. Money is an undeniably touchy subject. Many individuals were raised to believe that speaking about money is impolite and even inappropriate. However, your rights as a worker are codified under federal, state, and local law for good reason. If you honor your obligations to your employer, your employer is required to honor its legal responsibilities to you. Please contact our experienced legal team today to learn more about your rights and how to exercise those rights effectively. If you choose to pursue legal action, our team will fight determinedly on your behalf. Don’t wait; schedule a confidential, risk-free, no-cost case evaluation with our firm today. We look forward to speaking with you.


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