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Wage & Hour Violations

Your California Wage & Hour Violation Attorney

5 Key Insights into California Wage and Hour Law Every Worker Must Know

Man seated behind a desk in a supervisory role, symbolizing a boss potentially violating California wage and hour law by not adhering to the state's requirements.

Introduction

In the bustling city of San Diego, wage theft is a significant problem. California Wage and Hour Law violations can be complicated to navigate, and at Goldfaden Benson, we are committed to protecting the rights of employees who have been victims of unfair labor practices. If you suspect your employer is not paying you appropriately, call us for a free consultation at 619-333-5100 to explore your legal options.

Wondering why California is often seen as a leader in employee rights? California’s Wage and Hour Laws are a big part of that reputation, offering protections and standards that go beyond what’s seen in much of the United States. Navigating these laws might seem daunting, but this article will provide a survey and some limited direction on minimum wage, overtime, breaks, and more—arming you with the knowledge to protect your rights.

The Reality of Wage Theft

Wage theft is a widespread issue, affecting millions of workers in various forms, including unpaid overtime, denied breaks, and improper classification. In the United States, wage theft is alarmingly common despite strict labor laws. For instance, according to the [Economic Policy Institute](https://www.epi.org/), billions of dollars are lost annually due to wage theft. California’s wage and hour laws recognized this problem and offer a safeguard against employer abuses.  

Your Rights Under California Law

California wage and hour laws offer robust protections for workers, including undocumented employees. These protections include:

– Meal and Rest Breaks: Unpaid 30-minute meal breaks for shifts exceeding 5 hours and paid 10-minute rest breaks every 4 hours.
– Overtime Pay: Mandatory for work exceeding 8 hours daily or 40 hours weekly.
– Minimum Wage Compliance: Employers must adhere to the state’s minimum wage requirements, subject to periodic increases.
– Payment Timeliness: Regular wage payment schedules and immediate final pay for terminated employees.

-While California’s wage and hour laws cover a broad range of employees, there are notable exceptions, including independent contractors and certain exempt positions. Determining your status is crucial for understanding which protections and rights apply to you.

Addressing Wage Violations

Wage theft can take many forms, from failing to pay minimum wage to denying overtime. In California, you have several options to seek redress, including filing a claim with the California Labor Commission or pursuing legal action.

Recovering Damages

A successful wage and hour lawsuit can result in recovering unpaid wages, interest, and possibly your attorney fees or litigation costs. Goldfaden Benson operates on a contingency fee basis, ensuring you don’t pay until we win your case.

Common Wage Violations

Employers may commit various wage violations, including misclassifying employees, refusing to pay earned commissions, or forcing employees to work without compensation. Understanding these violations is crucial to protecting your rights.

California's Minimum Wage and Overtime Rules

California’s minimum wage and overtime rules are designed to ensure fair compensation. Overtime is paid at time and a half, and double time for work beyond 12 hours in a day or on the seventh consecutive day in a workweek.

Meal and Rest Breaks

Employees are entitled to rest and meal breaks, with compensation for missed breaks as stipulated by law.

Unpaid Wages or Vacation Time

Unpaid work and unused vacation time are considered wage theft. California law entitles you to compensation for these lost wages.

PAGA Claims

The Private Attorney General Act (PAGA) allows employees to file lawsuits for workplace violations, potentially leading to civil penalties and shared damages among affected workers.

Choosing Goldfaden Benson for Your Wage Claim

Confronting your employer can be daunting, but it’s essential for your financial and emotional well-being. Goldfaden Benson specializes in handling wage claims, ensuring you receive the compensation you deserve.
Contact us for a comprehensive evaluation of your wage and hour case. Remember, you’re not alone in this fight – our experienced team is here to support you every step of the way. Contact us at 619-333-5100 today for your free, confidential consultation.

"Justice is the sum of all moral duty."

William Godwin

plan of action

know your rights

If you believe your employer has not properly accounted for the wages and hours you’ve worked and are unsure of whether or not you are entitled to recovery, contact our office immediately for a free case evaluation. 

We are happy to hear from you. 

01

Evaluate your situation

Our comprehensive case evaluation will ensure you understand your options and are aware of all available resources.

02

Negotiations

We will negotiate with the opposing party on your behalf, keeping you informed along the way.

03

Fight For You in Court

If needed, we will file a lawsuit on your behalf and advocate in your best interest every step of the way.

we are here for you. always.

Please contact our office immediately to discuss taking your case. 

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