Fresno Wage and Hour Lawyer

California has robust labor laws in place to protect workers' rights, including provisions related to minimum wage. Employers are legally required to pay employees at least the minimum wage set by federal and state laws. If you suspect that your employer is violating minimum wage laws, it is crucial to take action to ensure you receive fair compensation.

If you believe that your employer has violated minimum wage laws, our skilled Fresno wage and hour attorneys can assist you in pursuing your rightful compensation. We will thoroughly review your case, gather evidence, and advocate on your behalf to ensure that you receive fair and just payment.

California Minimum Wage Laws

California has established its own minimum wage laws that employers must comply with. The state minimum wage varies depending on the size of the employer and is subject to periodic increases. However, according to Senate Bill No. 3, Chapter 4, the minimum wage is capped at $15.

The minimum wage rates applicable are as follows:

1. Large Employers (26 or more employees): The minimum wage is set at $15.50 per hour.
2. Small Employers (25 or fewer employees): The minimum wage is set at $15.50 per hour.

Under this law provision, wages of at least $15 will be raised annually up to 3.5% (rounded to the nearest 10 cents) in response to any inflation increase over 7%, as determined by the national Consumer Price Index.

Signs of Minimum Wage Violations

If you suspect that your employer is violating California minimum wage laws, watch out for the following signs:

• Payment Below Minimum Wage: Your hourly rate of pay is consistently below the applicable minimum wage in California, regardless of the number of hours worked.
• Unpaid Work: Your employer requires you to perform work-related tasks before or after your scheduled shifts without providing compensation.
• Improper Deductions: Your employer unlawfully deducts wages from your paycheck, resulting in your hourly rate falling below the minimum wage requirement.
• Misclassification: Your employer misclassifies you as an independent contractor instead of an employee, paying you less than the minimum wage.

Unpaid Overtime in California

Under California law, eligible employees are entitled to receive overtime pay for hours worked beyond the standard 40-hour workweek or beyond 8 hours in a workday. If you have been denied proper overtime compensation, our knowledgeable Fresno wage and hour attorneys will work tirelessly to protect your rights. We will evaluate your employment records, determine if you meet the criteria for overtime, and pursue legal action against your employer if necessary.

Overtime Laws in California

The overtime rates in California are as follows:

• Overtime Pay for Hours Worked Beyond 8 Hours in a Workday: Employees are entitled to one and a half times their regular rate of pay for each hour worked beyond 8 hours in a workday.
• Overtime Pay for Hours Worked Beyond 40 Hours in a Workweek: Employees are entitled to one and a half times their regular rate of pay for each hour worked beyond 40 hours in a workweek.
• Double Time Pay: Employees are entitled to double their regular rate of pay for hours worked beyond 12 hours in a workday or for hours worked beyond 8 hours on the seventh consecutive day of work in a workweek.

Signs of Unpaid Overtime

If you suspect that your employer is failing to compensate you for overtime hours worked, watch out for the following signs:

• Off-the-Clock Work: Your employer requires you to perform work-related tasks before or after your scheduled shifts without providing overtime pay.
• Misclassification: Your employer misclassifies you as an exempt employee, wrongly categorizing you as not eligible for overtime pay.
• Illegal Timekeeping Practices: Your employer engages in practices such as altering or falsifying time records, rounding down your hours, or failing to record all the hours you worked.

Failure to Provide Meal Breaks

Employees in California are entitled to meal breaks based on the number of hours worked per day. If your employer has failed to provide you with required meal breaks or has improperly deducted wages for missed breaks, our dedicated Fresno wage and hour lawyers can help. We will investigate the circumstances, gather evidence, and take legal action to ensure that your rights are upheld.

Meal Break Laws in California

Under California law, non-exempt employees are entitled to receive uninterrupted meal breaks during their work shifts, depending on the duration of their shifts:

• Meal Breaks for Shifts Over 5 Hours: Employees are entitled to a minimum unpaid meal break of at least 30 minutes if their shift exceeds 5 hours in duration.
• Meal Breaks for Shifts Over 10 Hours: If an employee's shift extends beyond 10 hours, they are entitled to a second unpaid meal break of at least 30 minutes.
• On-Duty Meal Breaks: In certain situations, if mutually agreed upon by the employer and employee, on-duty meal periods may be permitted, where the employee is allowed to eat while performing work duties. However, on-duty meal periods must meet specific requirements.

Signs of Failure to Provide Meal Breaks

If you suspect that your employer is failing to provide you with required meal breaks or has unlawfully deducted wages for missed breaks, watch out for the following signs:

• Denied Meal Breaks: Your employer consistently denies or discourages you from taking the required meal breaks during your shifts.
• Shortened Meal Breaks: Your employer consistently interrupts or cuts short your meal breaks, not allowing you to have the full 30 minutes of uninterrupted time.
• Improper Deductions: Your employer unlawfully deducts wages from your paycheck for missed meal breaks, even if you did not voluntarily choose to waive your meal break.
• On-Duty Meal Break Violations: If you are required to perform work duties during your meal break without receiving proper compensation or if your employer fails to provide suitable conditions for on-duty meal periods.

Improper Pooling of Tips

California labor laws protect the rights of employees when it comes to tips received for services rendered. Tips are the property of the employees who receive them, and employers are prohibited from pooling or distributing tips inappropriately.

If your employer has engaged in improper pooling of tips, resulting in reduced earnings for you or other employees, our experienced Fresno wage and hour lawyers will fight to protect your rights. We will thoroughly examine the tip pooling practices and take legal action to recover any unlawfully distributed tips.

Tip Pooling Laws in California

In California, tips are considered the property of the employees who receive them. Employers are generally prohibited from pooling or distributing tips inappropriately.

• Voluntary Tip Pooling: Employers may establish a voluntary tip pool where employees can choose to contribute a portion of their tips to be distributed among a group of employees. However, employers are generally prohibited from keeping any portion of the pooled tips for themselves.
• Prohibited Tip Pooling: Employers are not allowed to require employees to participate in a mandatory tip pool that includes individuals who are not "customarily and regularly" tipped, such as managers or supervisors.
• Service Charges vs. Tips: Employers may not treat service charges (mandatory charges added to a customer's bill) as tips and include them in a tip pool. Service charges are generally considered part of the employer's revenue and not the property of the employees.

Signs of Improper Pooling of Tips

If you suspect that your employer is engaging in the improper pooling of tips, resulting in reduced earnings for you or other employees, watch out for the following signs:

• Forced Tip Pooling: Your employer requires you to participate in a mandatory tip pool that includes individuals who are not customarily tipped, such as managers or supervisors.
• Retention of Tips by Employers: Your employer keeps a portion of the pooled tips for themselves instead of distributing them to the participating employees.
• Misclassification of Service Charges: Your employer treats mandatory service charges as tips and includes them in a tip pool, reducing the amount of tips received by employees.

Why Choose Polaris Law Group?

Our legal team has extensive experience in handling wage and hour disputes in California. We stay updated with the latest labor laws and legal precedents to provide effective representation.

Polaris Law Group offers comprehensive legal support, including case evaluation, negotiations, litigation representation, and settlement discussions. We will explore all available options to resolve your wage and hour dispute effectively.

If you are facing wage and hour disputes in Fresno, contact Polaris Law Group today. We are here to help you get the wages you are owed and ensure that your rights are respected.