Wage & Hour Violations
Your California Wage & Hour Violation Attorney
Wage and Hour Lawyer: Protecting Your Right to Fair Compensation
Understanding Wage and Hour Laws
Common Wage and Hour Violations
Wage theft is a serious issue affecting many workers across various industries. Common wage and hour violations include unpaid wages, failure to pay overtime, improper wage deductions, and denial of meal and rest breaks. Wage theft can take many forms, and understanding your rights is the first step toward recovering what you’re owed. Our team at Goldfaden Benson has extensive experience handling cases involving minimum wage violations, overtime pay requirements, and other hour disputes.
Minimum Wage and Overtime Laws in California
California has some of the strongest labor laws in the country, including minimum wage and overtime provisions that are more protective than federal law. The California minimum wage is higher than the federal rate, and employers are required to pay time-and-a-half for overtime hours worked beyond 8 hours in a day or 40 hours in a week. Unfortunately, some employers try to circumvent these laws by misclassifying employees or denying them overtime pay. At Goldfaden Benson, our wage and hour attorneys are skilled in identifying these tactics and holding employers accountable.
Protecting the Rights of Non-Exempt Employees
Wage Theft and Unpaid Wages
Wage theft is a significant problem that can leave workers without the compensation they have earned. This can include not being paid for all hours worked, including overtime, or receiving less than the legal minimum wage. If you have been a victim of wage theft, Goldfaden Benson can assist you in filing a claim to recover your unpaid wages. We have successfully handled numerous wage and hour cases and are dedicated to helping our clients receive their rightful compensation.
Legal Representation in Wage and Hour Disputes
Wage and hour disputes can be challenging, but with the right legal representation, you can hold your employer accountable for their actions. Goldfaden Benson’s team of skilled hour attorneys is ready to represent you in negotiations, administrative hearings, or court if necessary. We are committed to fighting for fair pay and ensuring that your legal rights are upheld.
The Importance of Rest Breaks and Meal Periods
California law requires employers to provide non-exempt employees with rest breaks and meal periods. These breaks are crucial for workers’ health and well-being, and denying them can lead to serious legal consequences for employers. If you have been denied your rest breaks or meal periods, our wage and hour attorneys can help you seek compensation for the missed breaks and any resulting damages.
Seeking Compensation for Wage and Hour Violations
If you have experienced a wage and hour violation, it’s essential to take legal action promptly. At Goldfaden Benson, we offer a free consultation to discuss your case and explore your options. We work on a contingency fee basis, meaning you don’t pay unless we win your case. Our goal is to help you recover the full amount of wages you are owed, including any applicable penalties and interest.
Class Actions for Wage and Hour Violations
In some cases, wage and hour violations affect multiple employees, making them eligible for a class-action lawsuit. Class action lawsuits can be an effective way to address systemic violations and recover compensation for a group of workers. Goldfaden Benson has experience in handling wage and hour class actions and can guide you through the process to ensure that your rights and those of your coworkers are protected.
Why Choose Goldfaden Benson?
Goldfaden Benson is a leading employment law firm with a strong track record of success in wage and hour cases. Our attorneys are dedicated to fighting for workers’ rights and ensuring that employers are held accountable for violations of wage and hour laws. If you believe your employer has not paid you fairly, contact us today for a free consultation to learn how we can help.
FAQs
1. What are the consequences of wage theft?
Wage theft can result in significant financial loss for employees. Consequences for employers who commit wage theft include being required to pay back wages, penalties, and interest. They may also face lawsuits and administrative actions.
2. How does California law protect non-exempt employees?
California law provides robust protections for non-exempt employees, including rights to overtime pay, rest breaks, and meal periods. Employers who fail to comply with these laws can be held liable for unpaid wages and penalties.
3. What should I do if I suspect my employer is violating wage and hour laws?
If you suspect your employer is violating wage and hour laws, you should document all instances of unpaid wages, missed breaks, or other violations. Contacting an experienced wage and hour attorney at Goldfaden Benson can help you determine your next steps and protect your rights.
4. Can I recover wages that were denied to me years ago?
Yes, California law allows employees to recover unpaid wages for up to three years from the date of the violation. It’s important to act quickly to ensure you don’t lose your right to recover these wages.
5. What is the process for filing a wage and hour claim?
Filing a wage and hour claim typically involves gathering evidence of the violation, filing a complaint with the appropriate agency or court, and negotiating with your employer. Goldfaden Benson can handle this process for you, ensuring that your claim is filed correctly and on time.
6. What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime pay, and record-keeping standards for employees in the United States. California’s wage and hour laws often provide greater protections than the FLSA.
7. What are the penalties for employers who violate wage and hour laws?
Employers who violate wage and hour laws may be required to pay back wages, penalties, and interest. They may also face lawsuits and administrative actions, which can result in additional financial liabilities and legal consequences.
Additional FAQs
1. What does an hour dispute lawyer do?
An hour dispute lawyer specializes in representing employees who have disputes with their employers over work hours, including unpaid overtime, incorrect wage payments, and denial of breaks. They help employees recover any unpaid wages and ensure compliance with labor laws.
2. How can an unpaid wages attorney help me?
An unpaid wages attorney can assist you by filing a claim against your employer to recover wages that were withheld, whether due to unpaid overtime, missed breaks, or any other wage and hour violations. They ensure that you receive the full amount you are owed under the law.
3. What is considered a skilled wage?
A skilled wage refers to the compensation paid to workers who possess specialized skills or training. This wage is typically higher than the minimum wage and reflects the level of expertise required for the job.
4. What are minimum wage violations?
Minimum wage violations occur when an employer pays employees less than the legally mandated minimum wage. This can include not paying for all hours worked or improper deductions that reduce wages below the minimum level.
5. What are overtime pay requirements?
Overtime pay requirements mandate that employees receive additional pay (usually time-and-a-half) for hours worked beyond the standard 8 hours per day or 40 hours per week. Employers must comply with both federal and state laws regarding overtime pay.
6. How are minimum wages determined?
Minimum wages are determined by federal, state, and local laws, which set the lowest legal amount that employers can pay their employees. California often sets a higher minimum wage than the federal standard to provide better protection for workers.
7. What is overtime compensation?
Overtime compensation is the additional pay that non-exempt employees are entitled to receive for working more than 8 hours in a day or 40 hours in a week. This is typically calculated at 1.5 times the regular hourly rate.
8. How do overtime hours work in California?
In California, overtime hours are defined as any hours worked over 8 in a single day or over 40 in a workweek. Employees are entitled to time-and-a-half pay for these hours and double pay for any hours worked over 12 in a single day.
9. What is the state minimum wage in California?
The state minimum wage in California is higher than the federal minimum wage and varies depending on the size of the employer. As of now, it stands at $15.50 per hour for employers with 26 or more employees and $15 per hour for employers with 25 or fewer employees.
10. What does an experienced wage attorney do?
An experienced wage attorney specializes in wage and hour laws, helping employees recover unpaid wages, overtime, and other compensation they are legally entitled to. They bring extensive knowledge of both state and federal labor laws to their clients’ cases.
11. How does the California labor commissioner help workers?
The California Labor Commissioner enforces labor laws related to wages, hours, and working conditions. They handle complaints from workers regarding unpaid wages, overtime violations, and other labor law infringements.
12. What are class actions in wage and hour cases?
Class actions in wage and hour cases involve a group of employees who have experienced similar violations by the same employer, such as unpaid overtime or minimum wage violations. Filing as a class allows the employees to pool their resources and increase their chances of success.
13. How can the Fair Labor Standards Act protect me?
The Fair Labor Standards Act (FLSA) sets federal standards for minimum wage, overtime pay, and child labor. It ensures that employees receive fair compensation for their work and protects them from exploitative practices by employers.
14. What rights do nonexempt employees have regarding overtime?
Nonexempt employees are entitled to receive overtime pay for hours worked beyond 8 in a day or 40 in a week. They are also entitled to meal and rest breaks. Employers must comply with these regulations or face legal consequences.
15. What is wage recovery?
Wage recovery refers to the process of recovering unpaid wages from an employer who has violated wage and hour laws. This can include unpaid overtime, minimum wage violations, and other forms of wage theft.
16. How can I ensure fair pay as an employee?
To ensure fair pay, employees should keep detailed records of their hours worked, pay stubs, and any communications with their employer regarding pay. If discrepancies arise, consulting with a wage and hour attorney can help address and rectify the issue.
17. What is wage discrimination?
Wage discrimination occurs when employees performing the same or substantially similar work are paid differently based on race, gender, age, or other protected characteristics. This is illegal under both federal and state laws, and employees facing wage discrimination may have grounds for legal action.
"Justice is the sum of all moral duty."
plan of action
know your rights
If you believe your employer has not properly accounted for the wages and hours you’ve worked and are unsure of whether or not you are entitled to recovery, contact our office immediately for a free case evaluation.
We are happy to hear from you.
01
Evaluate your situation
Our comprehensive case evaluation will ensure you understand your options and are aware of all available resources.
02
Negotiations
We will negotiate with the opposing party on your behalf, keeping you informed along the way.
03
Fight For You in Court
If needed, we will file a lawsuit on your behalf and advocate in your best interest every step of the way.
we are here for you. always.
Please contact our office immediately to discuss taking your case.
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