Carlsbad Wage and Hour Lawyer

Carlsbad Wage and Hour Attorney

California values its employees for their contributions to the state infrastructure and economy. Because of that, they have enacted specific laws that help protect their rights regarding working conditions and to regulate their fair wages and hours. Hourly employees are the most susceptible to violations from their employers and are most taken advantage of by employers seeking to cut costs by cutting corners. They might need the support of a Carlsbad wage and hour lawyer.

At Clapp Legal APC, our employment attorneys know how vital employment is for hourly workers. Whether it is a part-time after-school job or one that is needed to sustain basic needs for a family, these employees often do the most work for the least reward. However, employers often underestimate their value and violate their rights. That’s where our experience helping thousands of clients impacted by employment violations can go to work for you.

 

Wage and Hour Violations

Wage and hour violations in Carlsbad, CA can look different in every situation. Common violations of wage and hour laws include:

• Refusal to pay overtime
• Refusing to pay vacation or sick time
• Inappropriately classifying an employee to avoid appropriate wage compensation
• Asking employees to perform “off the clock” work without compensation
• Denying an employee their right to meal or rest breaks
• Violating minimum wage laws
• Asking employees to use personal money for company expenses
• Failing to pay bonuses that are contractually agreed upon

These types of violations are just examples of the many ways an employer can violate your rights. This is by no means an extensive list of the violations, but it shows ways in which employers attempt to cut small corners without notice.

Wage and Hour Laws

Federal and state wage and hour laws are in place to help regulate the quality of conditions under which employees complete their work. Under these regulations, employees are guaranteed certain rights. Those rights include:

• Minimum wage. Hourly employees are to receive a minimum wage that is set by the state or local municipality, whichever amount is greater. If they are a federal employee, that amount is considered as well, and the highest of the three is used. Currently, the minimum wage is $15.50 per hour.
• Employees who work hourly are required to be compensated for hours worked beyond 8 hours per day or 40 hours per week. The rate of pay is set and is calculated at one and a half times the rate of their regular pay. There are exceptions, but most hourly employees are entitled to overtime.
• Meal and rest breaks. Employers are required to provide their employees with meal and rest breaks during shifts of certain lengths. For every five consecutive hours an employee works, they are entitled to a thirty-minute, unpaid meal break. There are many rules that regulate meal and rest breaks, and whether you work long or short hourly shifts, it is to your benefit to know them.

While these regulations are not all-encompassing, they are among the most frequently violated. Whenever you feel your rights are not being met by your employer, you should first notify them or your HR designee to provide them the opportunity to correct the violation. If that fails to implement change, you should then speak with an employment attorney about your next options.

Where to File a Claim

Failing to correct the behavior can be a serious violation for your employer. Your attorney may decide to provide them one more opportunity to correct the behavior by issuing them a letter on your behalf that outlines your complaints and directs them to immediately fix it or face litigation. While you may want to file a claim immediately, reporting it to your employer may also help correct the issue for other employees who are unwilling to speak up.

If your employer does not correct the situation and you and your attorney agree that a claim should be filed, you will work with your attorney to do so through the California Division of Labor or the Wage and Hour Division of the Department of Labor.

For any wage or hour claim, you should collect evidence that can be used to help prove the violations occurred. This includes pay stubs, schedules, records of hours worked, electronic communications about the violations, witness names and statements, and anything else you feel can show the pattern of behavior.

FAQs

Q: Can I Sue for Unpaid Wages in California?

A: Yes, you are allowed to file a claim against your employer if you have first asked them to correct the error, and they fail to do so. When you work with an employment attorney in such instances, they will guide you on the process for filing a formal complaint, what evidence will be needed, and the amount you may be entitled to recover.

Q: Who Is Personally Liable for Wage and Hour Violations in California?

A: The question of responsibility for wage and hour violations can be tricky, but employers need to know. Under California law, the person who is considered the owner, director, or managing entity of the company is liable as they provide oversight for the entire business, its policies, and its employees.

Q: How Much Do Unemployment Lawyers Charge in California?

A: The amount you can expect to pay in attorney fees is subject to the details of your claim. Because each claim is different, the amount of work or time an attorney needs to put into the case may vary the cost. However, an employment attorney will generally charge between $98 and $450 per hour. The higher the amount is an indication of their experience or litigation record.

Q: What Is a Willful Failure to Pay Wages in California?

A: Some wage and hour errors are done in error and are often the result of a small oversight, a technical glitch, or other happenstance. However, when an employer makes a decision to intentionally alter hours, refuse breaks or meals, or underpays their employee, they are committing a willful failure to pay wages.

Carlsbad Wage and Hour Attorney

While accidents happen in scheduling or payment, and some employers are quick to correct them, there are employers who take advantage of their employees to keep a few extra dollars in their business. At Clapp Legal APC, our employment attorneys have helped thousands of clients recover what they are entitled to when they are victims of their employer. Contact us today for a consultation.