Skip to content
FREE CONSULTATION
Available 24/7
(866) 338-7079
Walton Law A.P.C Logo
FREE CONSULTATION
Available 24/7
(866) 338-7079
  • About Us
    • Our Team
    • Community
  • Practice Areas
    • Personal Injury
    • Car Accident
    • Truck Accident
    • Bicycle Accident
    • Slip & Fall
    • Wrongful Death
    • Nursing Home Abuse
    • Employment Lawyer
  • Reviews
  • Blog
  • Videos
  • Contact Us

Wage and Hour Violations

Home  >  Wage and Hour Violations

Seasoned Lawyers to Redress Wage and Hour Violations

One of the most important rights for many employees is the guarantee of a minimum wage and protections to take breaks to eat and rest while on the job. Though the laws are complicated, an employer who agrees to pay a certain compensation for work must follow through on their end of the agreement and cannot illegally deduct wages. If you have questions or believe you are not being paid fully or fairly, speak to the trusted employment attorneys at Walton Law right away.

Sue for Misclassification Violations that Cause Harm

Because exempt employees are not required to be paid according to minimum wage laws, some employers try to make life easier for themselves by misclassifying workers as exempt or hiring people as independent contractors. To properly classify an employee as exempt, employers must be able to show the employee spends most of their time performing administrative, professional, or executive duties, and meet other requirements. 

Employees vs. Independent Contractors 

Independent contractors often lose out on important benefits like paid vacation, workers’ compensation, and overtime. Generally, they are self-employed and can accept work or not as they please. Usually they own their own equipment and supplies and pay for their own training, and also set their own hours. In contrast, employees are controlled by their employer. An employer establishes what work the employee does and when and where they do it. The employer will train an employee and provide them with the necessary tools, equipment, and supplies. In exchange for this, employees may be provided with health insurance, 401(k), holiday pay, and paid sick leave by their employer. 

Minimum Wage Violations

Non-exempt employees must be paid at least minimum wage. It can be difficult to determine which wage applies to you because there are exceptions for some workers and some industries. However, in general, nonexempt employees must be paid at least a certain amount per hour for “hours worked” – not just compensable time performing regular job duties during their shift. Also, employers are not permitted to round hours down on a time clock if it means an overall loss of pay due to the decrease in an employee’s hours.

  • Training Time – Non-exempt employees must usually be paid for time spent training, in meetings, or for similar activities unless they are unrelated to the employee’s work and are voluntarily attended.
  • Preparation Time – Time spent donning protective equipment or setting up before a shift may also be compensable.
  • Travel Time – Employers usually don’t have to pay for an employee’s regular commute to and from work. However, if an employer directs an employee to travel, run errands, or go to a different office, they may be required to pay for that time.
  • On-Call or Waiting Time – Even if simply waiting for something, employees who must remain at work on-premises must be paid for all hours.

Overtime Violations

Exempt employees aren’t entitled to overtime. However, non-exempt employees are typically entitled to time-and-a-half when working more than 8 hours in a single day or 40 hours in a single week. They must also be paid this overtime rate for the first 8 hours they work on the 7th consecutive day during a workweek. The rate goes to double their usual rate when working more than 12 hours in a single day or any time over the first 8 hours worked on the 7th consecutive day in a workweek.

Commissions, Tips, and Piece Rate Employees

Special rules apply to piece rate employees, and to commissions and tips, which can be part of an employee’s income. 

Meal and Rest Break Violations

Sometimes private employers fail to provide legally required meal and rest periods. These violations are compensable. Your employer need not force you to take your meal break, but they can’t discourage you for taking it, or you may have grounds for a lawsuit. 

Contact a Lawyer Who Understands How to Fight Your Employer

Whether your employer knows it is supposed to pay you more or allow you to take certain breaks, but has not addressed the problem, or you are afraid to speak out for fear of retaliation, the skilled employment lawyers of Walton Law, APC are here to help. Get in touch with us at (866) 338-7079 or complete our contact page.

HOW CAN WE HELP?

Schedule a Free Consultation

Our award-winning law firm has obtained millions of dollars in recovery for
our clients.

 

View our results

Meet our team

Discuss Your Case With a Personal Injury Lawyer

If you or someone you love has suffered an injury, don’t wait to seek legal representation. The sooner you have an experienced attorney on your side, the better your chances of securing the compensation you need and deserve..

 

VIEW BIO

Christopher C. Walton

Managing Partner


VIEW BIO

Matthew Burgess

Trial Attorney


VIEW BIO

Candace T. Lam

Trial Attorney


VIEW BIO

Brian Needelman

Trial Attorney


VIEW BIO

Yelena Kim

Paralegal


VIEW BIO

Sheila Rowe

Paralegal


VIEW BIO

Jacqueline Finch

Paralegal/Operations Manager


VIEW BIO

Lisa Lee

Executive Assistant


 

Meet our team

Let’s connect

(866) 338-7079

M – F 8:30 AM – 5:00 PM

Send Us an Email

Request Your Case Consultation

Bellingham

San Diego

Murrieta

Mountlake Terrace

Bellingham Office

2219 Rimland Dr #301,
Bellingham, WA 98226
(360) 543-1010

San Diego Office

12555 High Bluff Dr #333,
San Diego, CA 92130
(858) 384-3320

Murrieta Office

26636 Margarita Rd #100,
Murrieta, CA 92563
(951) 240-5522

Mountlake Terrace

6100 219th St SW #480,
Mountlake Terrace, WA 98043
(360) 543-1010
© 2025 Walton Law A.P.C Privacy Policy | Terms Of Use | Disclaimer | Site Map