Wage & Hours
WAGE & HOUR LAWYERS
Are you not receiving the pay you lawfully deserve? There are many ways a California employer tries to under-pay or, in many instances, not pay workers the wages entitled to them.
Another common way employers purposely violate a worker’s rights is by misclassifying them as “independent contractors” or as employees who are “exempt” from wage and hour protections.
TYPES OF WAGE AND HOUR VIOLATIONS1
There are several areas of wage and hour law that are constantly violated by employers in the United States, and we at the Hardin Law Group have the legal understanding, the experience, and the track record to handle even the most complex of cases. Here is a breakdown of the most common areas of wage and hour violations:
OVERTIME & UNPAID WAGES
Employers often ask employees to “work off the clock” in order to get all of their work done. If you are a non exempt employee who works more than 8 hours per day or 40 per week, and your boss asks you to work additional hours, you may be entitled to overtime pay. In California, employment beyond eight house in any workday or more than six days in a workweek is permissible provided the employee is compensated for the overtime at not less than:
- One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek.
- Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all
hours worked in excess of eight on the seventh consecutive day of work in a workweek.
MEAL & REST BREAKS
Nonexempt employees are entitled to meal and rest periods throughout the day. The more hours an employee works during a day, the more meal and rest periods the employer must provide. Your employer is obligated under state law to communicate the legal requirements of California’s employee break laws and provide you with opportunities to take meal and rest breaks.
A nonexempt California employee who works a five-hour shift should receive an unpaid, off-duty meal period of at least 30 minutes. Additionally, employers must provide a second meal break at least 30 minutes long for all workdays on which an employee works more than 10 hours.
Additionally, a nonexempt employee who works at least 3.5 hours in one day is entitled to a mandatory rest break of 30 minutes.
UNPAID WORK EXPENSES
Employers must reimburse their employees for all necessary work-related expenses, including mileage costs, smartphones, and work equipment, even if the employee does not ask to be reimbursed.
In California, the minimum wage is $12 per hour, whereas the federal minimum is $7.25. Many employers try to get around paying employees the higher California minimum wage, or paying employees the state wage rather than a higher city wage, by paying employees a “salary” that averages out to less than the minimum wage per hour.
In addition to these primary areas, Hardin Law Group also has extensive experience representing victims of:
- Independent Contractor Misclassification
- Unpaid Commissions
- Improper Wage Statements
How Can We Help
If your California employer has violated state and/or federal labor laws and not paid you the wages or given you the rest or meal breaks you deserve, you may be able to bring a claim for a wage and hour violation. Our knowledgeable employment attorneys will help you fight for:
- Unpaid Wages
- Penalties for Missed Meal and Rest Breaks
- Waiting for Time Penalties
- Liquidated Damages for Minimum Wage Claim
We offer client-friendly and compliance-focused wage and hour law practices. At Hardin Law Group we represent employees, ensuring that are treated fairly and paid any wages and benefits they are owed and entitled to state and federal laws.
Protect Your Rights. Contact Us.
Orange County Office
23 Corporate Plaza Drive, Suite 150
Newport Beach, CA 92660
Los Angeles Office
1638 South Pacific Coast Highway
Redondo Beach, CA 90277
San Francisco Office
One Sansome Street, Suite 3500
San Francisco, CA 94104
No Recovery, No Fee. Call today for a free case evaluation.
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