Pasadena Wage and Hour Lawyer

Pasadena Wage and Hour Attorney

California’s Employment Laws

California has some of the most employee-friendly employment laws in the country. There are several departments that handle employees’ rights, which include the Department of Fair Employment and Housing (DFEH) and the Department of Labor Enforcement.

Under the laws that govern these departments, you have a right to:

• Be free from discrimination at your place of employment
• Be free from harassment at your place of employment
• Be free from retaliation at your place of employment
• Receive fair wages
• Receive certain benefits
• Receive reasonable accommodations

Pasadena Wage and Hour Laws

One of your rights as an employee under California wage and hour laws is the right to receive fair wages for your work. This includes being paid at least the minimum wage, being paid overtime, and being allotted meal and rest breaks. Currently, the minimum wage in California is $16.50. If your employer pays below this amount, with the exception of fast food and other positions, they are in violation of the law.

Your employer is also obligated to pay you overtime for work beyond the standard work week. In Pasadena, California, the standard work week is 40 hours per week, 8 hours a day, and 5-6 days per week. Non-exempt employees who work beyond these hours are entitled to 1.5 times or double their regular pay for each hour worked beyond the standard.

Meal and Rest Breaks

You are also entitled to meal and rest breaks in California. However, some employers neglect to afford their employees this time or commit wage theft by withholding pay for paid rest breaks. In California, the law states that employees are afforded an uninterrupted 30-minute break for meals if they work more than five hours in a workday. However, this period is unpaid, as are the 30-minute meal breaks for employees who work beyond 12 hours a day.

Although these breaks are unpaid, California employees are also entitled to take a 10-minute paid rest break for every four hours they work. This means if an employee works an hour shift, they are allowed to take two ten-minute rest breaks.

When to File a Claim

If your employer commits wage theft by neglecting to pay you your agreed amount, by avoiding paying overtime, or even by neglecting to pay employee self-pay reimbursement, you can file a claim against them. To file a complaint, you should open an investigation with the Labor Commissioner’s Office to review your claim and possibly set up a hearing.

It is wise to hire a lawyer when filing a claim to improve your chances of recovering damages. Successfully filing a claim means being knowledgeable of California’s employment laws. Without this knowledge, you may be at risk of making mistakes and hurting your chances of winning.

Possible Damages Recovered in Wage and Hour Claims

If you file and win a claim against your employer for a wage and hour violation, you likely just want the money you earned returned to you. However, you may be able to recover more than that.

Wage and hour claims may be a time-consuming and stressful process; therefore, you may also recover:

• Lost wages
• Liquidated damages
• Attorney’s fees

You do not have to settle for wage theft. You deserve every dime you work for at the place where you likely spend much of your time. Consider consulting with an attorney to help you with your case.

FAQs

Q: What Are the Rules for Hourly Employees in California?

A: The main rule for hourly employees is that they are paid at least the minimum wage, which is currently set at $16.50 in California. Another significant rule is that non-exempt employees are eligible and entitled to overtime pay. This means if an employee works beyond the standard work week, they may be entitled to 1.5 times or double their pay. Finally, all California workers are entitled to certain meal and rest breaks, whether paid or unpaid.

Q: What Is the Seven Minute Rule for Payroll in California?

A: The 7-minute rule for payroll in California allows for reasonable and fair rounding of hours for employees’ work time. Specifically, if an employee works between 1-7 minutes after a quarter-hour, the time may be rounded down. Conversely, if they work between 8-14 minutes after a quarter-hour, the time may be rounded up. For example, if an employee clocks in at 9:06, the time can be rounded down to 9:00.

Q: What Are the Wage and Hour Violations in California?

A: An employer violates your wage and hour rights if they underpay you or neglect to pay you for the hours worked. An employer can do this by false payroll record keeping, avoiding paying overtime, paying less than minimum wage, or denying meals and rest breaks. The law in California states that employees should receive a fair day’s pay.

Q: What Is the Law for Salary Hours in California?

A: Salaried positions in California are exempt from overtime pay. This is because, under California overtime laws, the nature of many salaried positions may imply work hours beyond the normal business day. Also, because salaried workers are paid according to a yearly salary instead of an hourly wage, tracking overtime may prove difficult. Examples of exempt professions include lawyers, doctors, teachers, administrative assistants, and executive-level positions.

Contact a Compassionate Wage and Hour Lawyer Today

At MM Law, we strike a balance between strategy and empathy, making our clients feel heard while passionately defending their rights. We understand the overwhelming feeling that may result from wage theft and are ready to represent you if this happens to you. Do not hesitate to contact our office if you need legal advice or representation.