San Jose Wage and Hour Law Attorney

Wage and Hour Disputes: A Closer Look

The unfair and unjust practices related to wage and hour disputes often leave employees feeling marginalized and powerless. Understanding the breadth of these disputes can provide insight into when you may need legal assistance.

Below are some key areas for disputes:

• Overtime pay: Legally, non-exempt employees who work over 40 hours a week or over 8 hours a day are entitled to overtime pay. This pay is typically calculated as 1.5 times their regular rate of pay, often referred to as "time and a half." Employees who work over 12 hours in a day or over 8 hours on their seventh consecutive day of work are entitled to "double time" or twice their regular pay rate. Violations occur when employers fail to compensate for this overtime or attempt to avoid this compensation by incorrectly classifying employees.
• Minimum wage violations: As of 2023, the minimum wage in California is $15.50 per hour for all employers. If an employer pays less than this, they violate labor laws and could face penalties.
• Misclassification: Sometimes, employers misclassify employees as independent contractors to evade compliance with labor laws, including minimum wage, overtime, and break laws. They may also avoid paying payroll taxes and providing benefits such as workers’ compensation coverage, social security, unemployment insurance, and disability insurance. Any worker directed on when, where, and how to work is typically considered an employee under California law, irrespective of their designated title.
• Break violations: Non-exempt employees in California are entitled to certain rest and meal breaks based on the length of their shift. For shifts longer than 5 hours, employees are entitled to a 30-minute meal break. A second 30-minute meal break is required for shifts exceeding 10 hours. Employees are entitled to a paid 10-minute rest break for every 4 hours worked. Non-compliance with these laws, such as denying breaks or not compensating for them, violates worker's rights.

If you believe your employer has violated any of these wage and hour laws, you don't have to face it alone. A San Jose wage and hour lawyer can help you seek justice.

Holding Your Employer Accountable

If you suspect that your employer has violated wage and hour laws, it's crucial to understand the critical steps in holding them accountable. The process begins with gathering concrete evidence such as pay stubs, timecards, emails, or other documents supporting your claim. Also, note any relevant conversations or incidents that may corroborate your case.

Next, consider discussing the problem with your employer or HR department. Some issues may stem from genuine misunderstandings or errors, which could be resolved internally. However, if your employer dismisses your concerns or retaliates against you for raising them, it's time to escalate the matter.

You can submit a complaint to the appropriate agency. You could recover unpaid wages, penalties, and attorney's fees by filing a wage claim or lawsuit.

Throughout this process, legal counsel can be invaluable. An experienced wage and hour attorney in San Jose can guide you through the complexities of wage and hour laws, advise on a practical course of action, and represent you in negotiations or court proceedings.

At Polaris Law Group, Attorney Bill Marder is committed to defending his clients’ rights. Contact him at (888) 796-4010 to schedule an appointment.