Wage and Hour Attorney
California law requires employers to compensate employees fairly for their work. This includes paying people for all hours worked, providing meal and rest breaks, paying overtime, and compensating workers according to minimum wage. Failing to do this is considered a wage and hour violation.
These violations can lead to serious financial consequences for employees who may not know their rights. At the law office of Le Clerc & Le Clerc LLP in San Francisco, our attorneys represent employees in the Bay Area and throughout the state who have been victims of wage and hour violations.
Applying Employment Laws to Your Case
California employment laws dictate minimum wage pay and overtime wages for employees. The state also has strict requirements regarding employers documenting and maintaining payroll and other employment issues. If you suspect that your employer is violating these requirements, you may have grounds to file a wage and hour claim.
Our lawyers have years of experience handling all types of wage and hour claims, including issues pertaining to:
- Overtime pay
- Overtime pay for salespeople
- Employee misclassification (misclassification as exempt or independent contractors)
- Computer professional exemption
- Meal and rest period requirements
- Time off requirements
We know how state and federal wage and hour laws apply to your case. We will work hard to identify any violations so you can file a claim to recover the pay and benefits you deserve.
What If I Don’t Have Records? Do I Still Have a Wage and Hour Claim?
You still have a case even if your employer failed to maintain accurate records, including keeping timesheets. Your employer is required by law to create and maintain accurate records of when you worked. Your employer must also provide you with a pay stub with accurate information on how many hours you worked and the hourly rate you will be paid.
If you did not receive accurate pay stubs or your employer altered your time records, you can still take legal action to get the pay you earned. In such instances, you can rely on other evidence, including your testimony, to establish your work hours in reasonable estimates. The burden then shifts to your employer to prove your estimates are unreasonable. In addition, failing to keep accurate records reflects poorly on them and may lead to additional penalties.
Frequently Asked Questions
What is the penalty for unpaid wages in California?
If an employer fails to pay wages, employees can recover statutory penalties for late payment while still employed. Workers are eligible to receive $100 for the initial violation in addition to the late wages. For second and subsequent violations, employees may receive the late wages, $200 per violation, and an additional 25% of the unlawfully withheld funds.
Additionally, there is a “waiting time” penalty for unpaid final paychecks. If your employer willfully fails to pay any wages after you stop working for them, you are entitled to a full day of wages for each day which you are unpaid, capped at 30 days. For example, if you are fired on the 15th of the month, and your employer does not pay you until the 25th, you are entitled to 10 days’ wages in addition to the amount of the final paycheck, regardless of whether you normally would have worked those days or not.
What are my rights if my employer doesn’t pay me in California?
You have the right to be paid in full for all hours you work. If you are a victim of wage theft, you have the right to file an unpaid wages claim with the Labor Commissioner or a lawsuit in court.
You should contact an attorney who can help you decide which is the best route to take.
You also have the right to receive statutory penalties for delayed wages.
How long does a wage claim take in California?
The Labor Commissioner usually reviews wage claims within a few weeks of filing. However, it can take months to schedule settlement conferences and from one to two years for a wage claim hearings if necessary.
How long after leaving a job can you sue your employer for unpaid wages?
The statute of limitations depends on the nature of your claim. It may be one, three or even
four years. You should contact an attorney to discuss your particular circumstances.
Trust Us to Help You Assert Your Rights
Wage and hour claims can be challenging to handle on your own. Don’t let your employer cheat you out of the money you are owed — our law firm knows what action to take every step of the way.To schedule a free initial consultation to see if you have a case, call us at 415-445-0900 or contact us online. We are prepared to help you stand up to your employer and pursue the compensation you’re owed for your labor.