Employment Compensation Attorneys
At E&L, LLP, our employment compensation issues lawyers are dedicated to helping employees recover the compensation they are entitled to based on their agreements with their employers.
This seems like a simple concept, as most employees take a position and agree to their employment arrangement in exchange for compensation whether it is hourly, salary, commission, or bonus-based.
Upon employment, that agreement becomes a legally binding contract and is backed by state and federal laws, including the California Labor Code and the Fair Labor Standards Act. When these employment agreements and contracts are breached, or our employment laws are violated, our skilled employment compensation issues lawyers can help you identify the legal precedent that supports your claim, so we can pursue the best outcome for your unique circumstances.
Our senior employment law attorneys have been nominated as Super Lawyers — Rising Stars, an acknowledgment that is received by the top 2.5% of attorneys — an elite group of lawyers that 97.5% of other Southern California attorneys strive to join. We take our status as Super Lawyers literally by providing our clients with personalized attention and customized legal strategies that will allow them to prevail inside and outside the courtroom.
To Schedule a Free Case Evaluation, Contact E&L, LLP, at 213-213-0000
What Are My Legal Rights to Compensation in California?
Like most states, California has strict employment compensation laws that must be followed by all employers.
- Employees have the right to be paid the minimum wage;
- Non-exempt employees have the right to meal and rest breaks; and
- Non-exempt employees who work more than 40 hours in a workweek or 8 hours in a day must be paid overtime wages.
Unfortunately, some employers have designed different ways to take advantage of their employees without paying them, including making illegal wage deductions, requiring employees to work through breaks, or insisting an employee work while he, she, or they are not on the clock. Each of these actions is illegal, and if they are happening to you, the law is on your side.
Contact our skilled employment compensation issues lawyers today to learn more about your employee rights and the legal options available to hold your employer liable for your financial damages.
Which California Employees are Entitled to Commission and Bonus Pay?
Commission and bonus pay are not required for every employee in California but are assured compensation when they are the terms outlined in the employment agreement. Commissions and bonuses are two different types of compensation. A commission agreement, under California law, must be outlined in writing, under terms that are a percentage of the earnings an employee brings in for the company.
For employees who sign commission agreements which can include salespeople and other employees — their compensation or income is often solely derived from their commission, making the terms of that agreement incredibly important to their livelihoods. When employers fail to pay the commission owed to an employee, they are violating the law. Likewise, if an employer terminates, demotes, or disciplines an employee to avoid paying their commission — or in retaliation for complaining about unpaid commissions — they are also violating the law.
If you have an employment contract that outlines your commission requirements, and your employer has failed to pay the compensation owed to you, contact our skilled employment law attorneys today to review your agreement and provide real-time solutions to hold your employer liable for the financial damages you have suffered.
What is the Difference Between Commission and Bonus Pay in California?
There are two types of bonuses employers may pay their employees: Nondiscretionary Bonuses and Discretionary Bonuses.
A nondiscretionary bonus exists when an employer creates an expectation of payment and cannot determine or control the amount or the timing, as doing so would breach their employment agreement. Nondiscretionary bonuses are often based on performance and must be paid when they are earned by meeting the necessary requirements outlined in their employment agreement.
Discretionary bonuses are those that the employer reserves the right to pay, which makes it a gift that is given to the employee from the employer by choice. This may include end-of-year bonuses the employer is not obligated to pay but does so out of appreciation for their employees’ hard work and loyalty to the company.
If you have questions about whether you are entitled to a non-discretionary bonus, or if your employer has been awarding your work with a discretionary bonus that you have come to expect, but may not be entitled to, contact our experienced employment compensation issues lawyers today for a free case assessment.
Contact Our Skilled Employment Compensation Issues Lawyers at E&L, LLP for a Free Consultation
We represent all qualifying employee cases with no upfront legal fees and will not charge you any fees at all if we do not win your case. Call us now to learn more about our personalized service and customized approach to creating results for your unique legal circumstances today.
You don’t pay until we win! That’s our guarantee.