San Mateo Wage and Hour Attorney

One of the primary ways that employers harm their employees – and even discriminate against them – is by flouting wage and hour laws. California has strong laws on the books that guide employee wages, and when employers attempt to work around them (or ignore them completely), they cheat their employees out of a portion of their livelihoods. San Mateo wage and hour attorneys dedicate their work to protecting the rights of employees to earn a fair wage. 

California Has Strong Wage and Hour Laws

The State of California is committed to employee rights, and its wage and hour laws reflect this fact. These laws are intended to ensure that employees receive wages that are in keeping with state and federal minimums and that they are not cheated out of hours by the employer’s sleight of hand. The minimum wage in California as of January 1, 2022, is $15 an hour for all those employers with 26 employees or more and $14 an hour for those employers with 25 employees or fewer. This rate will rise to $15 an hour – regardless of the number of employees – on January 1, 2023. 

Some important points to keep in mind regarding California’s minimum age laws include:

• There is no distinction made in terms of the minimum wage for minors and the minimum wage for adults. 
• Employees cannot agree to work for less (minimum wage is the employer’s obligation, which cannot be waived by an agreement).
• Employers cannot use the tips received by waitstaff as a credit toward the minimum wage obligation.
• Employers cannot retaliate against employees who seek the fair wages they’re owed. 

Employee Classifications

One mechanism employers often use to cheat employees out of the wages they’re owed is by failing to classify them correctly. There are three classification options that include:

• Nonexempt employees are entitled to minimum wage protections and to benefits like overtime pay. 
• Exempt employees are exempt from the state and federal rules and regulations that determine minimum wage, overtime pay, and timekeeping. The requirement for exemption in 2022 is earning $62,400 annually (for those businesses with at least 26 employees).     
• Independent contractors employ themselves, which means that they control their own hours, their workplace, and other work-related concerns. Independent contractors are generally paid per piece of work or per project they complete.

Misclassifying employees provides employers with the opportunity to cheat their payrolls, but they can face serious legal fines and penalties for doing so.

Overtime

Nonexempt employees are entitled to overtime in California, which amounts to being paid time and a half for every hour over 8 in any given workday or for every hour over 40 in any given workweek.   

Experienced San Mateo Wage and Hours Attorneys Help Protect Employee Earnings

The trusted San Mateo wage and hours attorneys at Minnis & Smallets take immense pride in protecting our clients’ earnings and skillfully advocating for their legal rights. Our focused legal team has an impressive track record of helping employees who’ve been harmed financially by their employers and can be reached here for more information.