Employment Law Attorney in California
Wage and Hour Violations
Under California Law, when a non-exempt employee works over eight hours in a workday, and/or over 40 hours in a workweek, an employee is entitled to overtime pay at a “time-and-half” rate for all extra hours worked. Non-exempt employees are also entitled to take meal and rest periods. An employee does not have to waive those meals and rest breaks – even if an employer asks the employee to do so. Employers often wrongfully classify non-exempt employees as “exempt” because they are managerial employees or receive a salary. The rules for what determines whether an employee is exempt are very specific. Misclassified employees are deprived of their right to receive overtime pay and meal and rest periods.
In addition, all hours worked, overtime earned, and vacation and sick leave accrued must be itemized on paychecks. If an employer has misclassified you and is not properly itemizing your paychecks, your rights under the California Labor Code are being violated, and you may be entitled to overtime earned over the past three to four years. Many of these violations occur on a companywide basis. Further, employers often misclassify employees as independent contractors in order to avoid paying more taxes, denying employees’ rights and protections they are entitled to.
Potter Handy Employment Rights Law Firm handles violations of the California Labor Code on both an individual and class basis. We bring claims under the California Private Attorney General Act of 2004 (“PAGA”), which provides employees with a private right of action to collect penalties on behalf of the State of California, the individual employee, and other employees similarly aggrieved. Contact us today to take legal action to obtain the money your employer owes you under California’s wage & hour laws.
Please note that this is just a wage and hour law overview. Even if some of the laws listed here have not been violated by your employer, you may still have a claim. Contact our firm for more information, we are here to assist you.
Claims Evidence Required For Wage And Hour Violations in California
At Potter Handy Employment Rights Law Firm we will work with you to get all the evidence you need to bring your wage and hour claims. Under California Labor Code §§ 226 and 1198.5, your employer is required to give you your personnel file upon demand. Our experienced and diligent attorneys will work with you to submit the right request, and then review your personnel file for free to see if your rights have been violated.
The evidence you need to prove that your wage is not paid or underpaid includes, but is not limited to:
- Work schedules
- Wage rate tables
- Basic time and earnings cards
- Order, shipping and billing records
- Records of additions to or deductions from wages
Aside from the above, you can also obtain records of past complaints against your employer for violations of similar Labor Codes, and you can also seek help from your co-employees by asking them for witness statements of their own experiences and unjust treatments perpetrated by your employer.
Contact us today for an initial case evaluation. You will speak with one of our attorneys to discuss your situation. You will receive information concerning your particular matter and you can evaluate whether our attorney fits your needs and comfort level. You can decide whether our attorney is right for you. Contact us today at (800) 383-7027.