For many Bay Area employers, violating wage and hour laws is a part of doing business. When it comes to compensation issues such as misclassification of employees to avoid paying overtime, many companies violate the law. A San Francisco wage and hour attorney can hold your employer accountable for pay and hour violations.
Why Choose The Armstrong Law Firm?
If your employer is not paying you the compensation you deserve, the attorneys at The Armstrong Law Firm are here to enforce your rights by filing a class action lawsuit on behalf of those employed.
We represent employees throughout the San Francisco Bay Area, including Oakland, San Jose and Marin County. We offer a consultation to discuss your case and possible courses of action.
If we think your employer has violated California wage and hour laws and/or the Fair Labor Standards Act (FLSA), our lawyers will help you obtain the compensation you deserve. If we prevail, your employer may be responsible for paying your attorney fees as well.
What Is The Fair Labor Standards Act?
The Fair Labor Standards Act is a federal law that establishes wage and hour rules, including the requirement for employers to pay overtime for hours in excess of 40 in a week. Wage and hour rules change often and contain many exemptions. For example, wage and hour laws do not apply to certain employee classifications such as managers. Some employers attempt to get around wage and overtime laws by incorrectly classifying employees as “managers” to avoid paying overtime.
The following are examples of employer actions that are illegal under the FLSA:
- Minimum Wage Violations
- Misclassification
- Independent Contractor Misclassification
- Illegal Wage Practices in California
- Missed Meal and Rest Breaks
Employers who are willing to violate wage and hour laws for one employee typically do so for other employees as well. For this reason, we often handle wage and hour cases as class action lawsuits.
Steps to Take If Your Employer Refuses to Pay Your Rightful Wages
In situations where your employer refuses to pay you what you know is a fair wage, it is time to speak to a San Francisco employment attorney. While you should always be peaceful in your actions, often, the only way that your employer will listen and hear what you have to say is to involve an employment attorney. We encourage you to take several steps in these situations:
- Alert the employer of what you believe is fair pay. Make sure you document the details. Then, document when you alerted the employer and how you did so.
- Keep all of your pay stubs and other communication from your employer, including text messages, voice mails, emails, and documents.
- If they do not provide you with answers to your questions or pay you, you can turn to an attorney for immediate help. You can also file a claim with the U.S. Department of Labor’s Wage and Hour Division directly.
We encourage you to speak to an employment attorney if this process has gone on for too long or continues to happen. Your employer must be willing to adhere to the state and federal laws, and we will ensure they know what those laws are.
Navigating California’s Wage Laws
If you have questions about any of the employment laws in California, we encourage you to set up a consultation with an employment attorney for clarification. Some of the key areas of the law that warrant careful understanding include:
- Proper classification of employees or independent contractors.
- Minimum wage guaranteed pay ($14 per hour or higher).
- Overtime wages paid for those who work over 40 hours per week.
- Mandatory breaks for meals and rests, including at least one 30-minute meal break for every 5 hours worked.
These are just the basics of California’s wage laws. We strongly urge you to reach out to us if you believe your rights were violated in any way.
Common Situations Leading to Unpaid Wage Claims
There are numerous reasons why unpaid wage claims occur, including:
- Unpaid overtime (if you work more than 40 hours per week, you are owed 1.5 times your pay for any hours beyond that mark).
- Minimum wage violations are when you are not paid at least the minimum wage set by the state.
- Misclassification of employees as independent contractors may mean you do not receive the compensation owed to you for overtime or benefits.
- Illegal or unauthorized deductions from your pay, including in situations where an employee fails to reimburse you as agreed upon.
- Unpaid breaks and off-the-clock work
If you believe you are the victim of any of these losses, we encourage you to reach out to our overtime, wage, and hour attorneys in San Francisco for immediate help. Our employment attorneys will verify your specific rights, what violations occurred, and what steps must be taken to achieve the best possible outcome.
Contact Our San Francisco Wage And Hour Attorneys
For a consultation call The Armstrong Law Firm at (415) 909-3945 or contact us online.