Wage and Hour Attorney Near Me
All employees in California have the right to proper compensation when their employers violate the hour and wage laws. If you are one of the many employees who believe that your employer has violated or is still violating these laws, the wage and hour attorney of Minnis & Smallets is here for you. We can investigate the violation and determine the best options for your situation.
Wage and Hour Laws in California
Broadly speaking, these laws apply to all non-exempt California employees. This means that some of the laws regarding meal or rest breaks and overtime may not apply to individuals who are independent contractors and exempt employees. These wage and hour laws include:
- Minimum Wage – The current minimum wage in California is $14 for employers that employ up to 25 people and $15 for employers that employ 26 or more people.
- Overtime Pay – Overtime includes any work after eight hours each workday or 40 hours each week. Overtime pay must be one and ½ times the employee’s hourly rate. Likewise, any work after 12 hours each workday must be paid twice the employee’s hourly rate.
- Meal and Rest Breaks – Employers must provide employees working more than five consecutive hours with a 30-minute, unpaid meal break. They must also provide employees with a paid, 10-minute rest break for every four hours worked, if possible, during the employee’s work period.
- Leaves – Employers must provide employees with certain time off or leaves, including medical and family leave, paid sick leave, paid family leave, emergency responder leave, and domestic violence leave.
- Breastfeeding Breaks – Breastfeeding employees are entitled to a reasonable amount of time for expressing breast milk. Employers must also have a breastfeeding policy in place that must be included in the employee policies or handbook given to employees.
Employers who violate these laws are subject to specific penalties under California law. For the initial violation, employers must pay a fine of $50 per employee for every pay period they violated the wage and hour laws and a $100 fine for subsequent violations. They must also pay the employees back wages.
Common Wage and Hour Violations in California
The most common wage and hour violations include:
- Misclassification of employees as exempt or salaried workers
- Not paying the proper overtime pay
- Forcing or intimidating an hourly or non-exempt employee to skip or work through rest or meal breaks
- Inappropriate control over a temporary or self-employed contract worker
- Underpaying hourly workers and salaried workers
- Unlawful trading of overtime pay for extra time off
Talk to an Experienced Wage and Hour Attorney in California
At Minnis & Smallets, we prioritize the best interests of employees, not the employers who think that they can easily get away with withholding or denying wages to benefit their bottom line. If you have been denied the earnings you deserve, our California wage and hour attorney can ensure that you receive the compensation you’re entitled to.
You can fill out our online contact form or call 1-415-551-0885 to schedule your consultation with an hour and wage attorney near me today.