Labor laws protect workers’ rights, ensuring they are paid a fair wage for all hours worked and that they are able to work in a safe environment.
If you are experiencing discrimination in the workplace, employee misclassification, violation of employee break laws or any other type of wage and hour issue, you may have legal options.
Give us a call and we can help you find out what steps you can take to protect your rights and pursue compensation for any unpaid wages.
WAGE & HOUR VIOLATIONS
If you believe you have experienced any of the following labor law violations, you may have a legal claim:
Minimum Wage Violations
Missed Meals and Breaks
Donning and Doffing
By filing a wage and hour lawsuit, you may be able to seek compensation for the wages you were entitled to receive according to state labor laws.
UNDERSTANDING CALIFORNIA LABOR LAWS
Unpaid Overtime. Under California law, employers are required to pay overtime to non-exempt employees who work more than eight hours in a day or 40 hours in a week. The rate of pay for overtime work is 1.5 times the employee’s regular hourly rate. The employer must also pay the overtime rate for the first eight hours worked on the seventh consecutive day of work in a workweek, and double the employee’s wages for all hours of work after the eighth hour. If an employee works more than 12 hours in a day, the employer must pay double the employee’s wages for all hours worked in excess of 12 hours.
Off-the-Clock Work. Employers are required to pay employees for all hours worked. Therefore, an employer cannot allow workers to do off-the-clock work without pay, including pre-shift duties, post-shift duties, and time spent waiting for work.
Missed Meals and Breaks. California break laws require employers to provide non-exempt employees with a 30-minute lunch break if they work five or more hours in a workday, and a 10-minute break for every four hours worked. If an employee works more than 10 hours, he or she must be given two 30-minute meal breaks. During these breaks, the employee should be relieved of all job duties. There are limited exceptions to the break requirement.
Minimum Wage. California minimum wage law currently requires employees to be paid a minimum of $10.50 per hour for employers with 26 or more employees, and $10 per hour for employers with fewer than 26 employees. The minimum wage in California is set to increase yearly and will reach $15 for all employees by 2023.
California Employee Misclassification. Some employers misclassify employees as independent contractors, a class of workers with fewer protections than employees. Unlike employees, independent contractors are not subject to California overtime and minimum wage protection laws. Employers are prohibited under California labor laws from willfully misclassifying an employee as an independent contractor.
Discrimination in the Workplace. Employers are prohibited from discriminating against employees on the basis of gender, sexual orientation, age, disability, race, national origin, religion, and other factors. Discrimination in the workplace can take many forms, such as disparate treatment, harassment, or a hostile work environment. An employee who wins a workplace discrimination lawsuit may be entitled to compensation for lost wages, emotional distress, attorneys’ fees, and other litigation costs.
Donning and Doffing. For most jobs, employees are able to dress at home before coming to work. Other jobs require employees to wear certain work gear that can take time to put on and take off, adding extra time to their work day. Whether an employer is required to pay for donning and doffing depends on a number of factors, including cases in which the employee must put on work gear while on the premises.
CONTACT A WAGE AND HOUR LAWYER TODAY
Employment law can be complex and difficult to navigate without the help of a lawyer. If you believe your employment rights have been violated and are thinking about taking legal action against your employer, contact The Law Office of Frank Daugherty to schedule a FREE consultation.
Your lawyer will discuss your situation and help you determine if you have a legal claim. Filing a wage and hour lawsuit or employment class action lawsuit will allow you to pursue compensation for lost wages, unpaid overtime and any other losses you experienced because of your employer’s labor law violations.
REQUEST A FREE CONSULTATION