California Wage & Hour Claims Lawyer
Most employees in California go to work every day and want to do a good job for their employer. However, they also want to be paid a fair and honest wage for that work. The federal Fair Labor Standards Act (FLSA) and state law provide legal remedies if your employer has violated employment laws by not paying your rightful wages. A California wage & hour claims lawyer can advise on your case and help you recover the losses you incurred as a result of the violation.
Wage and Hour Laws in California
The employment laws pertaining to wage and hour regulations are outlined in the California Labor Code, Section 500 – 558. This piece of legislation outlines the minimum wage of the state for tipped and non-tipped employees, the overtime law, which reflects the federal law, and meal and break periods. When employers break these laws by not paying employees a legal wage, or by not compensating them for overtime work, it is considered wage theft.
Wage theft is a very big problem in California. In addition to wage and hour violations, the most common violations include:
- Misclassifying employees
- Not allowing employees to take their meal or rest breaks
- Making illegal deductions from a paycheck
- Requiring employees to work before or after their shift without clocking in
- Not paying proper commissions, tips, and other owed wages, and
- Failing to pay an employee their full owed wages upon termination
Industries with the Most Wage and Hour Violations
While any employer in any industry may violate the rights of employees by engaging in wage theft, it is more prevalent in certain industries than others. According to the California Division of Labor Standards, complaints about wage and hour violations were most common in the following industries:
- Auto repair
- Car washes
- Clothing manufacturers
- Security guard services
How to File a Wage and Hour Claim
If you believe your employer has not paid you proper wages, you have many legal options. You may file a lawsuit against your employer, file a claim with the California Division of Labor Standards Enforcement (DLSE), or file a wage claim with a federal entity such as the Equal Employment Opportunity Commission (EEOC). A California wage and hour claims lawyer can advise on which option is most appropriate depending on the facts of your case.
Regardless of how you file a claim, the law protects you from facing retaliation from your employer. If your employer fires you, demotes you, or otherwise retaliates against you after you file a complaint or claim against them, you may have a separate legal action for the retaliation.
Call Our Experienced Wage and Hour Claims Lawyer in California
If you believe your employer has violated your rights, our California wage and hour claims lawyers at Obagi Law Group, P.C. can help you make things right. We are dedicated to helping employees in California exercise their rights, and we want to help you, too. Call us today at 424-284-2401 or contact us online to schedule a consultation.