Wage and Hour Lawyers in San Diego Representing Employees Dealing With Wage and Hour Disputes
California Wage and Hour Laws are meant to protect the rights of all non-exempt employees, regulating how employers should handle meal breaks, overtime pay, and minimum wage pay, among other key factors. Despite this, wage and hour violations are unfortunately common among California employers. Learn how wage and hour disputes work in California and what an attorney can do to help you protect your rights.
What Kind of Wage and Hour Violations Can I Sue My Employer For?
With the exception of independent contractors and other exempt employees, California workers have certain rights protected by law, such as the right to receive California’s minimum wage pay, overtime pay, and the right to be granted appropriate meal and/or rest breaks during their shifts. Workers may sue their employer for violations of any of these rights.
For example, suppose a team of restaurant workers should all receive overtime pay and a meal break after 5 hours of continuous work. Instead, the restaurant owner paid them the exact same dollar amount week after week, regardless of how many hours they worked. In addition, the restaurant provided a free employee meal, but the workers could not stop working and had to eat their meals while on duty. These workers may be entitled to compensation for any overtime hours they worked as well as meal breaks they did not receive.
What Type of Damages Compensation May I Be Entitled to Receive?
If you suspect your employer has violated wage and hour laws, you should consult a San Diego wage and hour lawyer to learn your options. It is important to note that California has a statute of limitations of 3 years for wage and hour violation claims, so it is crucial to act quickly.
If the court determines your employer has violated any aspect of the state’s wage and hour laws, you may be eligible for compensation. The type of compensation depends on the specific violation committed. For example, if your employer failed to pay you for meal and rest breaks, you may be awarded one hour of pay for every meal or rest break you were not given. If the employer did not adequately pay you for overtime hours or was not in compliance with minimum wage laws, you may be entitled to receive the unpaid amounts along with interest and, in some cases, attorney’s fees and other litigation costs.
Can My Employer Fire Me or Retaliate Against Me?
Many workers fear taking action against their employer because they worry they may be retaliated against or fired from their jobs. However, California laws make it illegal for an employer to fire or take any adverse action against a worker for asserting their rights and filing a complaint.
If your employer or supervisor harasses you, creates a hostile work environment, or otherwise takes any retaliatory action against you, you may file a complaint and could also be eligible to initiate a lawsuit for retaliation. In cases where your wage and hour claim resulted in your employer firing you, you may have a wrongful termination case and should speak to an attorney to learn your options.
How Can a Wage and Hour Attorney Help?
Employers often violate wage and hour laws either due to an ineffective or inaccurate timekeeping system that fails to properly track how many hours each employee has worked and whether they took meal breaks or not or by willfully paying less than the state’s minimum wage, misclassifying employees as independent contractors or not complying with critical aspects of the employment contract.
It is your right as a California worker to hold your employer accountable for any violations and receive the money you deserve for all your hard work. At Khosroabadi & Hill, our employment attorneys can help you navigate your wage and hour claim and protect your rights as a California worker. Contact our San Diego office at 858-240-2093 to discuss your case.