San Jose Wage and Hour Lawyer

It is every employee’s expectation that once they have shown up and done the work they have been hired to do, they will get paid at the end of each pay period. This routinely happens but there are also times when that is not the case. At Minnis & Smallets, our attorneys help employees and workers to recover unpaid wages and other earned income.

Being paid for the work done is not just an expectation – it is a right under California law, which provides that every employee has a right to be paid the wages they have earned. 

Unfortunately, there are times when a dispute comes up between an employer and employee regarding whether the employee has been paid all the money they are owed for the hours they worked. If the answer is no, at least according to the employee, then that employee has rights under the law to take action and get their unpaid wages. Always do so with the help of our experienced San Jose wage and hour lawyers.

Wages Employees are Entitled to be Paid

The payment of wages by employers in California is regulated by the state under a law that defines “wages” as money or another thing of value that is received by a worker or employee as compensation for work done for the employer. Any employer who fails to pay wages to any employee who has earned them could be ordered to pay all unpaid wages, as well as potential penalties in some situations.  

Examples of common wage and hour disputes and discrepancies that arise include:

• Not paying minimum wage for every hour worked.
• Not paying the proper rate for all overtime hours.
• Making improper and unlawful deductions before determining and paying the employee’s commission.
• Failing to pay commissions or bonuses earned by an employee.
• Unlawfully passing the costs of business to the employee or failing to reimburse for reasonable business expenses.
• Simply failing to pay the employee an agreed compensation as stated in the employee’s offer letter, contract, or employment policies.
• Failing to provide the necessary meal and rest breaks.

Entitlement to Overtime Pay

Eight hours of work constitutes a day’s work under California law, and employment beyond eight hours in any workday or more than 40 hours in any workweek requires the employee to be paid overtime compensation. Overtime rates include:

• One-and-a-half times the employee’s usual hourly rate for all hours worked over eight hours (and up to 12 hours) in any workday, for eight hours worked on a seventh consecutive workday, or for hours worked over 40 in one week; and
• Double the employee’s regular rate of compensation for all hours worked over 12 hours in a workday and for any hours worked over eight on the seventh consecutive workday.

However, certain employees are exempted from overtime pay and some of the required payments noted above. These are referred to as exempt employees, and employers need to make sure that they do not misclassify employees and deny them their rightful overtime pay.

Call a San Jose Wage and Hour Lawyer

If you believe your employer has unlawfully withheld paying the wages you have earned, the law firm of Minnis & Smallest can help. Please contact us today to discuss your situation.