Wage and Hour Claims
“Wage and Hour” is the area of law that deals with employee compensation. It encludes employees’ rights to be paid for the work that they perform, protects employees by setting limits on working hours, and requires employers to give employees time to take breaks during their shift, among other legal protections.
Employees often have questions about this area of the law. Some important questions to ask yourself that may help determine whether you have a legal claim relating to wage and hour issues include:
- Does your employer owe you for overtime pay because you are not paid time and a half for extra hours?
- Does your employer fail to provide you with adequate meal and rest breaks during your shift?
- Does your employer owe you commissions?
- Does your employer make deductions from your pay that you haven’t specifically authorized in writing?
- Has your employer classified you as an independent contractor but yet still exercises a substantial amount of control over how you perform your job duties?
- Has your employer classified you as “exempt” or “salaried” for overtime purposes, yet you don’t have authority to exercise independent judgment and discretion in over 50 percent of your daily work?
- Do you want to know if your employer is paying you everything that you’re owed?
If your answer to any one of these questions is YES, then our office may be able to help you with this issue. We can answer any questions that you may have regarding this area of law and help you determinate whether you may have a legal claim for money that is owed to you.
Call us at 888-872-8065
Abrolat Law pc’s Top Ten
Top Ten Things that You Should Known About Your Rights Under California’s Wage and Hour Laws
- In California, overtime is computed for each day on an individual basis as well as for hours over fourty hours in a given week. You are entitled to time and a half pay for any time worked over eight hours in a day, DOUBLE TIME for any time worked over twelve hours in a day, and time and a half for any time over fourty hours worked in a work week.
- Even if your employer pays you a salary and even if you have some managerial duties, you may still be entitled to overtime pay depending on your actual duties.
- Regardless of any reason your employer may give, you CANNOT be required to work “off the clock” without pay as an hourly employee. This also applies to any mandatory training sessions or any other company function that you are required to attend.
- You are entitled generally to take at least one day off each week.
- You are entitled to take an uninterrupted half-hour meal break for each five hours that you work.
- You are entitled to take a ten-minute break for each four hours that you work. You are entitled to these ten minutes breaks in addition to the meal breaks mentioned above.
- Your employer cannot charge you for equipment required to perform your job. You must either be provided with items such as equipment/uniforms free of charge or be reimbursed for these items. In addition, your employer must reimburse you for any other cost you incur in performing your job duties, such as, travel costs (except for commuting expense to from your set place of employment).
- If you resign, your employer is required to pay you all wages you’ve earned, including accrued vacation within 72 hours. If you are terminated, this payment must be made in 24 hours.
- In general, you must be paid at a rate that is at least equal to the minimum wage for ANY AND ALL HOURS WORKED, including the time that it takes you to prepare for your work. The minimum wage in California, as of 2009, is $8.00 per hour. Even if you are paid on piece rate or per project basis, the amount that you are paid, divided by the total number of hours you’ve spent working, must be equal to or greater than the minimum wage.
- Whenever you are paid, your employer must provide you with TRUE AND ACCURATE pay stubs with all legally required information (including gross wages earned, total hours worked, an applicable hourly rate for each hour worked, number of piece-rate units and applicable piece-rate, all deductions separately itemized, net wages, dates included in the pay period, your name and social security number or partial social security number, and your employer’s name and address).
We can answer any questions that you may have regarding this area of law and help you determinate whether you may have a legal claim for money that is owed to you.