All employees in California deserve to be compensated fairly. However, wage and hour disputes with employers are not uncommon. Although state and federal laws are designed to protect workers’ rights to a minimum wage, overtime pay, and other forms of compensation they have earned, wage theft is common in several industries.
If you need help with a wage and hour issue, turn to The Rankin Law Firm. Our experienced employment lawyers regularly handle a wide range of wage and hour claims, from minimum wage and overtime pay violations to employee misclassifications and withholding commissions.
We have a working knowledge of the applicable wage and hour laws and a proven history of helping our clients obtain the compensation they have earned, as well as damages for their losses. Our wage and hour attorney knows how to hold all types of businesses accountable and has the skills to protect your rights. Please contact our office today for a consultation.
How The Fair Labor Standards Act Protects California Workers
The federal Fair Labor Standards Act (FLSA) establishes standards for minimum wage and overtime pay. Employers in California, however, must adhere to local and state minimum wage requirements. Statewide, the minimum wage is slated to be increased to $15 by 2023, while several cities have accelerated minimum wage increases.
Also, non-exempt employees must be paid overtime at a rate of time and a half for all hours worked over 40 hours per week. Some local jurisdictions also require overtime to be paid after a 10-hour workday, regardless of how many hours the employee worked during the week.
Certain employees are exempt from the FLSA’s overtime provisions including those who:
- Earn less than $684 per week
- Are paid on a salary basis rather than an hourly wage
- Work for exempt employers such as restaurants, hotels, and nonprofits
- Perform “exempt” job duties (e.g. administrative, professional, management)
It is important to note that minimum annual salary thresholds apply to exempt employees and that inside, commissioned salespeople must also earn a minimum wage regardless of draws and commissions.
Despite the requirements of the FLSA and applicable state law, disputes often occur when employers fail to pay the minimum wage, misclassify employees, or miscalculate rates of pay.
That’s where The Rankin Law Firm comes in. We know how to hold employers accountable and will fight to help you recover all the compensation you have earned.
Why You Need A California Wage and Hour Claims Lawyer
Being involved in a dispute with your employer over wages can be scary, and complaining about wages could even cost you your job. You should know that your employer cannot retaliate against you for filing a wage and hour claim. But don’t go it alone. Employers have an unfair advantage over employees who fear losing their jobs, which is why it is crucial to work with an experienced wage and hour lawyer.
At The Rankin Law Firm, we have extensive experience handling all types of wage and hour issues, including:
- Off-the-clock wage violations — Hourly employees are often forced to work off-the-clock, skip rest and meal breaks, or work overtime to meet employers’ demands, while not being compensated for all their time.
- Employee misclassifications — Employers often misclassify workers as contractors, non-exempt or exempt employees to avoid overtime requirements; however, employees’ job duties, not their title, determine their classification and whether or not they should be paid overtime.
- Meal and rest breaks — Under state law, employers cannot prohibit employees from taking appropriate rest and meal breaks.
- Withholding bonuses or commissions — Employers frequently withhold bonuses and commissions, particularly if an employee leaves.
- Illegal tip-sharing schemes — Unlike other states, all restaurant workers in California must be paid the minimum wage and employers cannot take tips earned by servers, although tip-pooling is permitted.
- Illegal wage deductions — Employers may not take unauthorized deductions from employees’ pay (e.g cost of a uniform, accidental breakage, cash and/or property shortages).
Regardless of the wage and hour issue, it takes a skilled employment law attorney to protect your rights. When you become our client, we will explore all your options for obtaining the maximum compensation you deserve.
Contact Our Experienced California Wage and Hour Claims Attorneys
If you are involved in a wage and hour dispute with your employer, you probably have concerns about getting the pay you have earned and keeping your job. Trust The Rankin Law Firm to address these concerns by providing you with informed representation and dependable service.
We are keenly aware that wage and hour issues often involve numerous employees, which is why we may consider pursuing a class-action lawsuit. In doing so, the claims of a class of plaintiffs are combined into a single legal action, which provides legal leverage and can help to achieve a successful outcome.
Above all, we will always work in your best interests and fight to protect your rights. We offer free consultations and you will not pay any attorneys’ fees until we win compensation for you. Please contact our office today so we can get to work on your wage and hour claim.