Los Angeles Wage and Hour Attorney
Helping Workers Recover Their Rightful Compensation
From offices in Los Angeles, Hennig Kramer Ruiz & Singh, LLP offers a team of highly regarded wage and hour attorneys representing workers whose employers have violated federal and California state laws regarding pay and benefits. A Los Angeles wage and hour lawyer from our firm can assist with your employment issue.
If you believe that your employer did not meet the state or federal provisions, then you may be entitled to proper compensation and any applicable penalties. Contact our wage and hour violations attorneys today for a free consultation.
How Do Workplace Violations Affect You?
Having your workplace rights violated in any way, even if you may not be aware of it, is an enormous breach of trust between you and your employer. They know they are taking advantage of you, and they are counting on your potential ignorance of California wage and hour laws to allow them to get away with it. Being familiar with the various ways that workplace rights violations can impact your life can help you recognize when your rights are in danger of being violated:
- Financial impact: If your employer fails to pay you the full amount you are owed under California law, including overtime, it can put you in serious financial straits. You deserve compensation for the work you provided to your employer. Anything less can cause undue stress and anxiety you may not be prepared to deal with, as well as set you back financially.
- Safety consequences: If an employer fails to provide their employees with a safe working environment, the consequences can be disastrous. A workplace injury can affect your wages exponentially, from a loss in pay due to recovery and possibly long-term health problems.
- Emotional distress: Not being paid when you are expecting to be paid is a terrifying moment. Suddenly, all of your plans and expectations have to change for the worse. You may not know how to address the situation to your boss without appearing ungrateful or somehow in the wrong. This can lead to emotional distress and create a hostile work environment.
If you aren’t being fairly compensated for your work, reach out to Hennig Kramer Ruiz & Singh, LLP today! Contact us online or call (213) 310-8301 when you need help getting the pay you deserve!
Common Types of Wage & Hour Violations
In California, wage and hour laws are simple. However, many employers often take advantage of their employees’ lack of understanding of these basic guidelines. Employees may fear repercussions or retaliation from their employer in some way for filing a complaint, perhaps even termination.
But you have rights. And your team at Hennig Kramer Ruiz & Singh, LLP is always here to help you stand up for your rights and receive the financial compensation you are entitled to.
Our lawyers represent employees in claims involving the following types of California Wage and Hour issues:
- Minimum wage violations
- Unpaid daily and weekly overtime
- Failure to provide meal breaks or rest periods
- Breach of employment contracts
- Misclassification of employees as “exempt” to avoid overtime pay
- Miscalculations of hourly wages, salaries, commissions, bonuses, and other types of earned payment
- Illegal withholdings
- Violations of the California Private Attorneys General Act (PAGA)
Our team of highly qualified attorneys will vigorously fight for your rights and ensure a speedy recovery of your unpaid wages and penalties. We want to put that money in your pocket as soon as possible.
How to Prove Wage & Hour Violations
Before you pursue a claim, it is important that you work through a number of steps to prove that you are in the right. After all, being prepared can only help your case in the long run. Here is a brief list of steps you can take to prove you are being financially taken advantage of by your employer:
- Document everything: Keep and maintain thorough records of your financial statements, pay stubs, work hours, timecards, and any other documents relevant to your financial health at this company.
- Study the laws: Become familiar with California labor law, especially those related to wage & hour and wage theft. You do not have to become a lawyer overnight, but a basic understanding of your workplace rights and possible violations can only help you.
- Speak with a lawyer: Retain a skilled wage and hour lawyer. They can help you stay on track and build a solid case, as well as provide sound legal advice along the way from here on.
- Gather evidence: Start collecting any evidence that supports your case. If you are being taken advantage of financially, there is likely a paper trail, such as emails and text logs, or witnesses who can provide statements on your behalf.
- Report the issue: You may want to report the issue to your company’s HR department so that the company is aware of your desire to prove your workers’ rights have been violated. Make sure you do this in writing so that there is a documented record of the report. Keep a copy for your own records as well.
- File a complaint: Now that you have reported the issue to your employer, you can file a complaint with the proper state authorities if your employer does not address or correct the issue. In California, this would likely be the Labor Commissioner’s Office of the Division of Labor Standards Enforcement (DLSE).
- Attend a hearing: If the issue proceeds at this point, you may have to attend a hearing or a mediation session to resolve the issue via a third party. Your attorney can represent you at these sessions.
- File a suit: Alternatively, and based on agreement with your attorney, you and your attorney can consider pursuing legal action against your employer in a court of law without going through the DLSE.
- Seek compensation: If the suit is successful, you may be entitled to receive back pay, unpaid overtime, penalties, and have your attorney’s fees paid for by your employer.
California Wage & Hour Law
The Fair Labor Standards Act (FLSA) is a federal law that guarantees a minimum wage and very specific overtime rules for both private and government employers. This federal legislation establishes that employees must be paid time-and-a-half for all hours worked in excess of 40 hours per week.
Meanwhile, California’s wage and hour laws are governed by the California Labor Code and State Wage Orders Guidelines. These state laws operate under a slightly different standard. In addition to the already established federal guidelines,
Minimum Wage
California hourly wage laws are among the most protective of employees in the entire nation. As of January 2022, California minimum wage will be $15/hour for employers of at least 26 employees, and $14/hour for smaller businesses. Certain California counties have their own, higher minimum wages. Additionally, tipped employees in California are entitled to a full minimum wage, unlike several other states.
If you are a California employee who is getting paid less than the current minimum wage, you can protect your rights. Save any pay stubs and other wage-related paperwork, and you can file a formal complaint as outlined in your employee handbook or other company policies. If nothing happens, it may be worth bringing to an experienced wage violation attorney in Los Angeles who can review the documents and determine if you have a case.
Overtime Rights
Non-exempt employees are entitled to overtime if they work more than eight hours in a day or more than forty hours in a week, at a rate of one and a half times their typical pay. Eligible employees are entitled to double time after working twelve hours in a day.
Eligible employees who work for a seventh day in a week are entitled to receive time and a half for the first eight hours of work on that day and double time for any additional hours.
Meal and Rest Breaks
California employees have the right to an unpaid meal break of at least thirty minutes after five hours of work. Exceptions to this is for workdays of six hours or less. Employees also cannot work more than ten hours in a day without taking a second thirty minute break, unless that workday will be no longer than twelve hours.
Employees also are entitled to a paid rest period of ten minutes every four hours of work, with some exceptions.
Are You A Temporary Worker, Day Laborer Or An Independent Contractor?
Even though you may not be a staff employee, contract workers have rights under federal and California state wage and hour laws. Call us about your circumstances, and we will review your situation and explain your rights under the law.
FAQs
Q: What Is California Law on Work Hours?
A: The Fair Labor Standards Act (FLSA) states that every employee is guaranteed at least minimum wage. California state law is even more protective of employees. The minimum wage as of January 2024 is $16 per hour. Any California employee being underpaid has the right to file a formal complaint and pursue a wage claim.
Q: Is It Illegal to Work 8 Hours Without a Break in California?
A: Under California law, non-exempt employees are entitled to one 30-minute lunch break and two 10-minute paid breaks per 8 hours of continuous work. You don’t have to take a lunch break, but an employer cannot deny you one during an 8-hour shift. If you are denied your lunch break or rest breaks, you have the right to pursue legal action for a workplace violation. It is illegal for employers to retaliate against you for bringing a workplace violation to their attention.
Q: Are Paid 15-Minute Breaks Required by Law in California?
A: According to the Industrial Welfare Commission Wage Orders, California employers must allow employees a 10-minute rest period per 4 hours of continuous work, or major fraction thereof. The rest period should be towards the middle of the workday. If the employer fails to provide these break periods, the employer will pay the employee one hour at the employee’s regular pay rate for each workday that the periods of rest are not provided.
Are You A Victim Of California Wage Law Violations?
If you believe that your employer violated the federal or California hourly wage laws, then you may be entitled to proper and immediate compensation and any applicable penalties.
Hennig Kramer Ruiz & Singh, LLP always recommends that you document the circumstances, then follow your employer’s internal policies and procedures for making such a claim. Documentation may become key evidence in future litigation and ultimately at court trial.
