Are You Being Paid Correctly?

Andrea Cook & Associates has been handling wage and hour disputes for over 30 years. We have extensive knowledge of state and federal wage and hour laws that govern the payment of overtime and unpaid wages, as well as the designation of meal and rest periods. 

If you have a wage and hour matter, contact us today to discuss the possibilities for your case.

Meal & Rest Periods

Employers are required by California law to provide an unpaid 30-minute meal period to their employees during the first five hours of each workday, unless the employee works no more than six hours that day and the employee has signed a voluntary written waiver of the meal period. All hourly employees who work more than 10 hours on a given day are entitled to a second unpaid 30-minute meal period, unless they have signed a voluntary written waiver of the second meal period.

Failure by an employer to provide these meal periods entitles the employee to extra pay and may subject the employer to certain penalties. Similarly, hourly employees are entitled to take a paid rest period of 10 minutes for every four hours worked, or major fraction thereof. Failure by an employer to provide these rest periods entitles the employee to extra pay and may subject the employer to certain penalties.

Overtime/Unpaid Wages

California law is stringent on who can be paid a salary and therefore be exempt from overtime wages. Some employers intentionally misclassify employees as salaried employees to avoid paying them overtime wages. Employers have paid millions of dollars to settle class-action lawsuits whereby the employer had improperly classified many of its employees.

Have You Been Misclassified as an Independent Contractor?

Workers in many fields are misclassified as independent contractors when, by law, they are employees who are entitled to minimum wage, overtime at the rate of time and one half, and having employers bear the cost of work-related expenses.

The misclassification of the following types of workers as contractors is common: 

• Truck drivers
• Delivery drivers
• Janitors
• Security guards
• Store delivery persons
• Home health care providers, such as nurses, home health aides, and various therapists
• Exotic dancers

The test for who is an independent contractor is complex. Still, at a minimum, the independent contractor must have complete autonomy, work in a business different than the one they are doing work for, and be running their own independent business.

The test for who is an independent contractor is complex. Still, at a minimum, the independent contractor must have complete autonomy, work in a business different than the one they are doing work for, and be running their own independent business.

If you work in a job and are classified as an independent contractor and believe you may be misclassified, please call Andrea Cook & Associates.

Understanding Wage Issues in Long Beach

Living and working in Long Beach comes with its unique set of challenges, especially when it comes to ensuring fair wages. The local economy, driven by the bustling Port of Long Beach and a diverse range of industries, means that wage disputes can be particularly complex. At Andrea Cook & Associates, we understand the intricacies of wage and hour laws as they apply to our community.

For instance, many workers in Long Beach are employed in sectors like shipping, healthcare, and retail, where wage violations such as unpaid overtime and misclassification as independent contractors are common. The Long Beach City Council and the California Labor Commissioner's Office are key local entities that oversee and enforce wage laws, ensuring that employers comply with regulations designed to protect workers.

One of the significant pain points for Long Beach employees is the misclassification of workers, especially in the gig economy. Whether you're a truck driver navigating the busy port or a home health aide providing essential services, being misclassified can mean missing out on crucial benefits like overtime pay and meal breaks. We are here to help you navigate these issues and ensure you receive the wages you are entitled to.

Moreover, the high cost of living in Long Beach makes it even more critical for workers to receive their rightful wages. Unpaid overtime or missed meal breaks can significantly impact your financial stability. Our team is dedicated to fighting for your rights and ensuring that you are compensated fairly for your hard work.

If you believe you are not being paid correctly or have been misclassified, don't hesitate to reach out to Andrea Cook & Associates. We are committed to standing by Long Beach employees and helping you navigate the complexities of wage and hour laws.

Contact our Long Beach wage and hour lawyer at (562) 203-1123 to discuss your rights and options regarding state and federal wage and hour overtime laws. We are committed in our fight for your rights as an employee and stand by clients throughout the entirety of their cases.