Overtime, Wage & Hour
Have You Worked Overtime Hours and Are Having Issues Receiving Your Overtime Pay?
Employment law is tricky, and if without the proper knowledge and resources you could be taken advantage of by your employer. These laws set the basic standards for pay and time worked and are put in place to protect workers. The two most common wage and hour laws are minimum wage and overtime. Employers must follow both federal and state employment laws. Federal wage and hour laws are set by the Fair Labor Standards Act. Also, California has its own set of guidelines that are even more protective of workers. It’s so important to understand your rights under both federal California employment law. An experienced wage lawyer can guide you through these standards. and determine if your rights have been violated. If so, you may be able to recover back pay and other monetary damages from your employer.
What Issues Does a California Wage Lawyer Deal With?
Hour & Wage Lawyers cover issues like minimum wage, overtime pay, tips, and meal and rest breaks in California.
Often it’s hard for employees to know if their rights have been violated without the guidance of an experienced attorney. When California employers violate wage and hour laws, and employees don’t know their rights they are not able to protect themselves and are most likely missing out on pay that they are entitled to. Some common wage and hour law violations in California include failure to pay the minimum wage, failure to pay overtime (for time worked over 40 hours) to employees, failure to provide meal and/or rest breaks, and misclassifying employees as independent contractors.
If you believe you have been the victim of a California wage and hour law violation, contact a knowledgeable California wage lawyer at Davtyan Law Firm as soon as possible to discuss your rights.
Understanding California’s Wage and Hour Laws
California employment law protects employees even more than federal employment laws. You may be entitled to more than you think under California’s strict employment standards. That’s why it is crucial to have an attorney who is an expert in California employment standards guide you through this process.
The federal wage and hour law is called the Fair Labor Standards Act (FLSA), but California also has its version of this act, which rank among the most complex in the country in protecting employee wage rights. These laws are covered by the California Labor Code and the Wage Orders and enforced by the Division of Labor Standards Enforcement (DLSE).
Often, California offers broader protections than federal regulations, and when that happens, employers are required to follow rulings that are most generous to employees. For instance, California has a higher minimum wage requirement than under federal law, which means employers in California must pay employees a higher amount. Currently, the federal minimum wage is $7.25 per hour, but the minimum wage for California workers is $12.00 per hour.
Can I file a claim for failure to pay overtime?
California employee protections are also more comprehensive for overtime pay. Overtime only applies to certain employees, however. Overtime pay is typically required when an employee has worked more than 8 hours in a day or 40 hours in a week. Overtime only applies to certain employees, however. Employees that must be paid overtime include most hourly employees like hospitality workers, cashiers, and construction workers. If you have worked over 8 hours in a day or 40 hours in a week and believe you have not been fairly compensated, you may be entitled to take legal action to receive your overtime pay. Count on an experienced wage and hour attorney from Davtyan Law Firm who has extensive experience in fighting for their clients’ employment rights.
Filing a California Wage and Hour Claim
California provides significant protections for employees’ wages and hours, and any violation of these protections may result in a wage and hour claim being filed by the employee. Some of the most common wage and hour violations in California include the following:
- Failing to fully pay employees on time
- Failing to fully relieve employees of work duties during breaks
- Misclassifying employees as independent contractors
- Misclassifying regular hourly (non-exempt) employees as “exempt” employees
- Failing to track or pay overtime wages
- Failing to follow the rules on final paychecks
Unfortunately, California employee labor standards violations occur all too frequently. In some cases, these violations are unintentional – the employer may simply be unaware of his or her legal duties. However, in other cases, employers deliberately violate labor standards to avoid paying employees the wages they are entitled to or forcing them to work uncompensated or under-compensated hours. By filing a wage and hour claim, employees whose rights have been violated can pursue financial compensation for their losses.
How an Experienced Wage Lawyer Can Help
If your employer has failed to pay you minimum wage or the appropriate wages for overtime hours, or if your employer requires that you continue working through a meal break or rest period, you may be entitled to compensation in the form of a wage and hour claim. A knowledgeable wage lawyer at Davtyan Law Firm can help you determine if a violation has occurred and decided your best course of action, which may include filing a wage and hour lawsuit in a California court. Our attorneys at Davtyan Law Firm have extensive experience handling California wage and hour claims and will work tirelessly to get you the compensation you deserve. We are here to guide and support you through the entire process.
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