Wage And Hour Violations
California has some of the strictest wage and hour laws in the nation. The state takes seriously laws regarding how employees are classified, as either exempt or nonexempt from overtime regulations. In addition, many employers incorrectly think that salaried workers can automatically be required to work 50 and even 60 hours a week without overtime pay.
Serving Clients Throughout California
From offices in San Francisco, the employment law attorneys of Leigh Law Group protect the rights of workers in Marin County and throughout the Bay Area. Our lawyers have successfully represented employees in lawsuits based on federal wage and hour violations throughout California. We vigorously pursue the rights of employees to receive payment due to them for efforts on behalf of their employer.
We represent employees in the private business and public sector, including teachers in public schools. If you believe your employer is violating your rights regarding pay, overtime and time off, turn to us for help. Call us now at 888-652-3391.
Is It Worth Hiring An Attorney?
Protecting your rights is always worth the legal fight. Under state and federal law, your employer cannot retaliate against you for reporting a violation or filing a complaint under whistleblower laws. In addition, any compensation you recover for back pay and punitive damages will include additional money for legal fees. You will not only recover money for your own financial damages, but you will be putting a stop to future illegal practices against other employees as well.
You May Not Be The Only Employee With This Legal Problem
If your employer is cheating you out of overtime pay or other protections under wage and hour laws, chances are other employees are also being cheated as a matter of company policy. We have a successful record of representing groups of employees in class action lawsuits against employers that violate federal wage and hour laws. This is a complex area of state and federal law. We have the professional capacity and resources to be successful. Additional compensation is typically paid to the plaintiffs who initiate a class action lawsuit.
Answering Some Questions About Wage And Hour Problems
What are some common examples of wage and hour violations?
Wage and hour violations can take many forms. Some of the ones that frequently occur include:
- Unpaid meal times
- Unpaid breaks
- Unpaid travel time
- Incorrect classification of overtime
- Incorrect overtime pay
- Tip pool violations
- Incorrect classification of contractors
- Wage deferment
These are only a few examples. We can sit down with you to discuss whether what you are experiencing is an actionable violation.
How do I know if I am classified correctly for overtime pay?
In California, nonexempt employees are entitled to receive overtime pay at a rate of 1.5 times their usual wage. Exempt employees are not entitled to receive overtime pay. However, some employers miscategorize nonexempt employees to avoid paying the overtime they deserve. You are an exempt employee if:
- You have executive, administrative or professional duties that take up at least 50% of your work time.
- You are allowed to use independent judgment in your job duties.
- Your salary is at least twice the minimum wage.
If you do not meet these criteria, your employer might have misclassified you.
What are the signs of wage theft?
You might be experiencing wage theft if:
- Your paycheck is lower than you calculate.
- Your employer misclassifies your work status.
- You work overtime hours but do not receive overtime pay.
- You have to perform work duties during nonwork hours.
- Your employer does not reimburse you for travel time, meal breaks or supplies.
If you have experienced one or more of these criteria, speak with an employment lawyer.
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