Wage and Hour Attorneys in California

As an employee working for a California employer, you have a right to expect and receive a fair wage that is paid on time. Unfortunately, despite an obvious lack of morality, employers all too often skirt the law in order to cheat their employees out of a fair wage. Failure to pay a fair wage can create financial difficulties for an employee and can undermine any trust between them and their employer. Even though it should seem obvious when an employer isn’t paying their workers fairly, wage and hour law is complex in California. 

Federal law can be difficult to understand and can, at times, seem contradictory to state law, so employers do not always know what their responsibilities are. However, it’s obviously not enough for employers to say they are ignorant. The basic rights of California employees have been covered here.

Those who do not adhere to state laws may be fined or sued. If your employer has committed wage and hour violations, it is important that you speak with an experienced employment attorney.

The wage and hour lawyers at the Law Offices of Samer Habbas & Associates can help protect your rights as an employee. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our labor law attorneys represent victims of wage and hour violations across Southern California. For more information or to schedule a free consultation, please call 949-727-9300.

Which Employers Are Covered by California Law?

In cases where company headquarters are in a different state or employees work remotely, wage and hour law can be tricky to enforce. In such cases, it can be difficult to determine whether employees are protected by California law or laws in another state or even country. A company or employer is generally considered to have a California employer status if it has at least one employee that is registered in California and works in the state. The company does not have to have a physical presence in California if its employees to be protected under California wage and hour laws. However, for the most part, remote employees are not covered by California wage and hour laws. They may, however, be subject to the California Labor Code if temporarily working in California.

California Minimum Wage Law

The minimum wage for California employers that have 25 or fewer employees increased to $10.50 on January 1, 2018. A minimum wage of $11 an hour is mandatory for employers who have more than 25 employees. However, since 2009, the minimum wage in the U.S. has been set at $7.25 an hour.

In California, employers are now required to pay employees at least $10.50 or $11 per hour, regardless of the federal minimum wage. All California employers must comply with the state’s minimum wage law, and this requirement cannot be waived under any circumstances.

In some cases, however, minimum wage laws do not apply to certain workers, such as some student workers, camp counselors, and some disabled workers. Or, in some cases, salespeople or those who are contracted to work for commission are not subject to minimum wage laws. Unlike most employees, family members aren’t covered by wage and hour laws. So, a parent, spouse, or child of an employer are not considered employees and are not covered by the laws.

California Overtime Laws

In California, any employee who works more than 40 hours a week is entitled to be paid overtime, which is worth 1.5 times the regular salary. This means an hourly worker earning $14 would be entitled to overtime pay of $21 an hour.

However, it’s important to note that exemptions from overtime pay apply to certain categories of workers. For example, typically, salaried positions are exempt from overtime. Despite this, some employers mistakenly classify employees as exempt from overtime laws when they are not. In these cases, employees are entitled to sue for not receiving proper payment.

Additionally, employees working over 12 hours in one workday and employees working over 8 hours for seven consecutive workdays, respectively, are entitled to double-time pay. Here, the regular hourly wage is doubled.

Employee vs. Independent Contractor

Of course, California wage laws cover employees, but not every person who works for a company is technically considered an employee. For example, freelancers are often considered independent contractors because they work independently. Because independent contractors have no set schedule and are usually paid by the job, they are exempt from California wage and hour laws. Because of this, their pay can be below the minimum wage and they are not entitled to overtime pay.

As a way of avoiding paying taxes and complying with wage and hour laws, many companies classify employees as independent contractors. Sometimes, it can be difficult to identify when a worker is an independent contractor, so different factors may be considered to determine their status, such as:

  • The employer is in charge of the worker’s hours and how they perform the work.
  • Who supplies the tools needed to perform the work?
  • The worker’s duties are a crucial and integral part of the company.
  • The length of time the working agreement is anticipated to last.
  • The manner by which the worker is paid.

In addition to misclassifying an employee as an independent contractor, recent California Supreme Court cases have clarified the definition of an employee versus an independent contractor. Even using the guidance of the above points, it can be difficult to sort out whether you are being misclassified without the assistance of a wage & hour attorney.

Common Types of Wage and Hour Disputes in California

The state and federal governments clearly outline the duties of employers when it comes to how much they can work an employee and how they must compensate that employee. California wage and hour disputes arise mostly when employers fail to comply with the law, but determining this can occasionally be tricky without the assistance of an attorney. Here are some of the most common types of wage and hour disputes seen in California:

  • Not paying an employee on time.
  • Making an employee work without pay. 
  • Not paying an employee the agreed-upon amount.
  • Not paying overtime.
  • Failure to reimburse for business expenses.
  • Failure to provide adequate rest or meal breaks.
  • Rounding downtime worked.

Oftentimes, employers who violate public wages and hour laws are named in civil lawsuits and ordered to reimburse their employees for lost wages and penalties. It is possible for the employer to be penalized for particularly egregious wage and hour disputes as well. Even though it might seem as though wage and hour laws are straightforward, many cases can be confusing and difficult to prove. In many cases, employees and employers alike might be unaware of the laws designed to protect workers. 

Because of this, it’s critical that you consult with an attorney who has specific expertise in winning wage and hour law cases. It’s critical that sufficient evidence is gathered and that a lawyer understands your specific case and circumstances in order to ensure the best chances of winning. If you have been the victim of an employer breaking wage and hour laws, you are entitled to compensation for wages lost, as well as other damages that might have been caused by the employer’s failure to pay you correctly. 

Contact An Experienced California Wage and Hour Attorney

If you are a victim of illegal wage practices or have concerns about your specific situation, contact the wage and hour attorneys at the Law Offices of Samer Habbas & Associates. Our employment lawyers can help you protect your rights as a California employee. 

With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our wage and hour lawyers represent victimized employees across Southern California. For more information or to schedule a free consultation, please call 949-727-9300.

We use cookies to improve your experience on our site and to show you personalized advertising. You can learn more about how we use cookies and how you can opt-out. We do not sell your information.

Accept Decline