While working hard in Oceanside, CA, issues involving someone’s wages or work hours may occur. These are some of the top employment disruptions that can cause stress for an employee and have a direct impact on their ability to support their family. When this happens, an Oceanside wage and hour lawyer can help you hold anyone accountable who is violating your employment rights.
At The Law Office of Frank S. Clowney III, we have been helping employees in Oceanside resolve their wage and hour law disputes. We understand how uncomfortable it can be to fight back against the authority who is violating your rights, which is why we provide the support and knowledge you need to resolve the issue as fast as possible.
One of the most important topics under employment law is compensation, pay periods, and overtime when applicable. All employees working in Oceanside and throughout California are entitled to receive the wages that were outlined in their employment contracts or are protected, at minimum, under state and federal law. If there is any employer caught violating these rules, they could be held accountable in court, such as fines for first-time offenders or even losing their position if it has been a recurring issue.
Some of the most common disputes within this area of law include:
Non-exempt employees who work hourly are entitled to extra pay if they work more than 8 hours in a single day or more than 40 in a week. Sometimes, there are disagreements over specific periods of an individual’s employment where they may have qualified for overtime pay but did not receive it. This could be as simple as a single shift or years of an individual’s tenure at an organization.
Disputes over how much total money an individual collects and the consistency of their pay is another common aspect of wage and hour law. For example, an employee could accuse their employer of paying them less than the minimum wage or withholding certain checks that should be sent on a more consistent basis. These incidents have a direct impact on an individual’s ability to pay their bills and support their families, which is why the law is clear on how much should be paid and at what cadence.
California has clear legal guidelines on when employees are entitled to either paid or unpaid breaks throughout their workday. Non-exempt workers must be offered a 30-minute meal break if they are working more than 5 hours in a single shift. This break must allow them to spend it as they wish, without any fear or intimidation that they should be completing their work simultaneously while eating lunch.
If any of these disputes sound familiar, or something else comes to mind as you read them, an Oceanside wage and hour lawyer can help you find the violation of employment law and the grounds to begin filing a claim.
There isn’t a universal cost that can help someone estimate their attorney expenses to an exact figure. Different factors can all contribute to the final price tag of their services, such as:
An attorney’s hourly rate can be anywhere from $150 to $500 per hour. To ensure that you can afford the services of a specific attorney, ask them about costs during your initial consultation. Also, inquire about any additional fees that could pop up, such as court costs or document-filing fees.
The 2-hour pay rule in California requires that any employee who comes into work, but is given less than half their usually scheduled hours to work, must be paid for at least half of the day, even if they only came in to work one or two hours.
This rule was designed to compensate employees for any expenses that they had to incur to get to work, which is especially a problem in California, as many employees pay for public transportation to get around the crippling traffic that occurs during the popular commute times.
This rule applies to most non-exempt employees in California and will be enforced by law if any employers are caught not enforcing it themselves.
Whether $14 an hour is legal or not in California depends on the size of the employer. There is a state-wide minimum wage, but some slight variations exist for small businesses. For example, if your employer has more than 26 employees on the payroll, they are required to pay everyone at least $15 an hour. If there are 25 or fewer employees, the state allows these smaller organizations to pay their employees, at minimum, $14 an hour.
If there is any evidence to suggest that these smaller businesses are paying even less than $14 an hour, they could be held accountable in court. They may have to back pay all employees for every pay period that they were unlawfully underpaid.
Yes, there are scenarios where it is perfectly legal to file a claim against your employer if they have failed to provide you with the meals and breaks that are covered under California Labor law. To prove that this has happened, you will need to collect evidence, such as your timecards, work schedule, and any other communications that you may have with your direct supervisor, demonstrating that these breaks were denied.
If any other colleagues have been denied breaks as well, their own set of evidence and testimony can help prove this as well. If the investigation reveals that the entire organization has been denied these breaks over a significant period of time, it could open the employer up to a large class-action claim.
If you need a legal professional to look into your case and see if a wage and hour violation exists, contact us today. We have been holding employers accountable in Oceanside, California for years, and our firm has a record of success that we can leverage to win your own case.