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Why You Need to Contact a Wage and Hour Attorney in San Diego
What Are Wage and Hour Laws, and How Do They Protect You?
Wage and hour law refers to payment, including overtime, rest breaks and meal breaks. Unfortunately, some employers try to increase their profit margin by misclassifying employees or encouraging them to work off the clock. If your employer has violated the minimum wage law, contact a wage and hour attorney The Hanrahan Firm in San Diego to represent you in your wage and hour lawsuit.
A wage and hour lawyer, like Attorney Corey Hanrahan of The Hanrahan Firm, will fight employers who have shown a failure to pay wages and will go after unpaid earnings and commissions that are due to employees. Employees are encouraged to keep meticulous records and ask for eyewitnesses in order to put together a strong case.
Is there a Difference Between Exempt and Non-exempt Employees?
The Fair Labor Standards Act (FLSA) and California Wage and Hour Laws require that employees be paid at or above the minimum wage, receive overtime pay and be provided with required meals and breaks. In order to avoid wage and hour laws, some employers will classify an employee as exempt by paying them a salary or as an independent contractor. This does not automatically shield them from the law, and a wage and hour attorney can help determine whether you are properly classified as an exempt employee, or whether you should be classified as non-exempt and receive the full protections of applicable wage and hour laws. If disputes are found with a number of employees, the cases may be handled as a class-action lawsuit.
Also, you have to remember that wage and hour laws prohibit employers from stealing pay from their employees. The State of California’s wage and hour laws mandate that employers pay employees all money earned and owed, and for all work performed. Off-the-clock work is illegal, even if the employee agrees to it, since California law prohibits employers from having you voluntarily waive many of your wage and hour rights. If an employer is aware that an employee is working off the clock, they must pay the employee for that time, usually even if the work was not pre-approved. California also limits an employer’s ability to withhold money from an employee’s paycheck.
What are Some Wage and Hour Violations that You Should Contact an Attorney For?
- Stolen vacation time.
- Failure to furnish accurate wage statements.
- Unauthorized deductions from paychecks.
- Illegal deductions from your paychecks.
- Deducting meal periods from your pay that you did not take.
- Any other wage and hour violations.
How The Hanrahan Firm Can Help You
Wage and Hour Lawsuit Claims
Attorney Corey Hanrahan has helped many employees all across Southern California enforce their wage rights at work. Contact The Hanrahan Firm to find out how we can help you with your wage and hour lawsuit.
Wage and Hour FAQs
Overtime consists of any hours over eight hours in a single day and over 40 hours in a single workweek (defined as a seven-day period). When paying overtime, employers must pay at least one and one-half times the worker’s regular hourly rate for all hours worked over eight hours (but less than 12 hours) in a single day and over 40 hours in a single workweek. For example, if an employee’s hourly rate is $15.00, that employee’s hourly overtime rate is $22.50. Additionally, employers must pay employees two times the employee’s regular hourly rate for all hours worked in excess of 12 hours in a single workday and for all hours worked on a seventh consecutive day of work.
The law typically allows both current and former employees to go three years back in time to recover their unpaid wages and penalties. In California, by bringing an unfair business practice claim, employees can actually go back four years in time to recover those unpaid wages and penalties. However, it is very important that you contact a wage and hour attorney as quickly as possible, since the four-year period counts back as of the date your lawsuit is filed. So, the longer you wait, the more of your unpaid wages you potentially give up.
Not all attorneys are familiar with employment and wage and hour laws, so you need to be sure to hire a lawyer who is familiar with the intricacies of the California Labor Code.
Specifically, it is best to do your research and contact a wage and hour attorney.
No. Providing employees with “comp time” (or compensatory time) in lieu of overtime pay is not legal. This is because the practice results in the employee only being paid their regular rate of pay for overtime hours. If your employer gives you “comp time” instead of overtime pay, you may have a failure to pay overtime claims against your employer.
Yes. However, California law requires employers to maintain records of hours worked by employees, and to retain them for at least three years. If the employer has not maintained those records, it would be helpful for you to have records showing the exact hours worked. If the you do not have those records, you will have to provide a reasonable estimate the number of hours you worked, which the employer must have substantial proof to contradict if they challenge the estimate.
Employers commonly misclassify workers as exempt employees, or independent contractors, to save money on overtime pay. However, those employees do not always fit into the exemptions recognized by California law. Since California’s wage and hour laws protect workers from being improperly classified, it is highly likely that unless you fit within the very narrow exceptions to the overtime rules, you are probably owed overtime compensation.
No. Your employer cannot require you to sign any severance agreement in exchange for providing your final paycheck, or condition payment of your final wages on anything else.
It would be wise to contact an experienced wage and hour attorney in this situation.
No. Your employer cannot legally fire you for suing them or making complaints of nonpayment of wages. California law makes it illegal to discriminate against or discharge an employee because they complaint of improper payment of wages or file a lawsuit to recover unpaid wages.
No. California wage and hour laws provide that employees are entitled to be paid minimum wage and overtime compensation, even if they have agreed to work for a lesser wage. Therefore, even if you agreed to work off-the-clock (without pay), your employers is still required to pay you for that work.