If your employer has failed to perform their legal duties concerning your wages, our Orange County wage and hour lawyers at Aegis Law Firm can help you enforce your rights. We will fight for you to make sure you receive any compensation that is due to you.
If you are in dispute with your employer over your wages, Aegis Law Firm can help you. Call us today at (949) 379-6250 for a free consultation and assessment of your case.
The value of an unpaid wages case can vary widely depending on several factors, including the specific wage violations, the number of affected employees, the duration of the violations, and the circumstances of the case. Generally, an unpaid wages case in California may include:
This is the primary component of an unpaid wages case. It includes the amount of wages that you should have been paid but was not due to wage violations.
If you were not adequately compensated for overtime hours worked, your settlement or verdict may include the additional 1.5 times the regular rate of pay for each overtime hour.
In some cases, employees are entitled to liquidated damages, which is an additional amount equal to the back wages owed. This is meant to compensate for the delay in receiving the rightful pay.
Unpaid wages may accrue interest from the date they were due until they are paid.
California labor laws provide for penalties in certain situations of wage violations. For instance, failure to pay overtime can result in additional penalties.
If your case is successful, your employer may have to pay your wage and hour attorney’s fees and costs incurred during the legal proceedings.
If the wage violations affect a group of employees, your case may proceed as a class action, potentially increasing the overall value due to multiple plaintiffs involved.
If you believe you have an unpaid wages case, it is critical to take the following steps to protect your rights:
Collect all relevant documentation related to your employment and wages. This includes pay stubs, timecards, work schedules, employment contracts, emails, or any other records that can support your claim of unpaid wages.
Speak to an experienced Orange County wage and hour lawyer as soon as possible. They can assess the strength of your claim, guide you through the legal process, and provide valuable advice on what to do next.
Keep a detailed record of any ongoing wage violations, such as missed breaks or unpaid hours, which can help support your employment case.
You can file a wage claim with the California Division of Labor Standards Enforcement (DLSE) or the federal Department of Labor (DOL), depending on the nature of your case. An attorney can help you with this process.
Maintain records of any communication with your employer regarding the unpaid wages. This includes emails, letters, or any discussions you have had about the issue.
If you face retaliation, document these incidents as well. California law protects employees from retaliation for filing wage claims or asserting their rights.
Here are the regulations for meals and break periods at Orange County businesses.
California labor law requires employers to provide meal breaks to non-exempt employees who work a certain number of hours in a day. The requirements are as follows:
It’s important to note that these meal periods should be provided no later than the end of the fifth hour of work for the first meal period and no later than the end of the twelfth hour of work for the second meal period.
Rest breaks are meant to give employees a short period to rest and recover during their shifts, and employers are obligated to provide these breaks to eligible employees.
Workers who perform their duties outdoors have additional rights to take a break whenever needed to prevent heat illness and cool off in the shade.
The above regulations do not apply to exempt employees, such as some salaried workers. In addition, certain workers such as domestic or farm workers are covered by different meal and rest break laws.
Some of the most common issues that workers deal with include:
California has a state minimum wage law that sets the minimum hourly wage that employers must pay to most employees. Failure to adhere to the minimum wage laws can occur in the following ways:
Some common ways employers may fail to pay overtime include:
Here is how an employer might fail to comply with state labor laws regarding rest and meal breaks:
Misclassification occurs when employers classify workers as independent contractors or exempt employees when, according to California law, they should be classified as employees. Here is how misclassification can result in a wage and hour issue:
The California minimum wage for employers with 25 or fewer employees is $14 per hour. For employers with 26 or more employees, it is $15 per hour. All employees in California, with the exception of the following must be paid the minimum wage:
All employees entitled to minimum wage must be paid at least the minimum wage. Employers and employees cannot enter an agreement for a wage that is less than the minimum.
Under California law, generally, employees cannot be employed for more than eight hours in any workday, or more than 40 hours in any workweek unless they receive overtime pay for any hours worked beyond that.
By law, the rate of overtime pay is one and one-half times a person’s regular rate of pay for employees who work over eight hours in one day, or over 40 hours in the workweek. The rate of overtime pay increases to double the employee’s regular rate of pay if the employee works for more than 12 hours in any workday, and any hours worked in excess of eight on the seventh consecutive day of work in a workweek.
There are exceptions to the general overtime law. There are some employees for whom these overtime rates do not apply. They include: persons employed in healthcare, camp counselors, personal attendants employed by nonprofit organizations, ambulance drivers and attendants, live-in employees, and union employees. Persons employed in executive, administrative, professional, and other designated positions are also exempt from the general overtime rules.
If you are not sure whether you are entitled to overtime or what rate of overtime you are entitled to, you should speak with an Orange County wage and hour attorney who will help you understand your rights.
If your employer violates the wage and hour laws of California, you may be entitled to legal remedies. Depending on the facts of your case, you may be entitled to compensation for your unpaid wages and overtime, interest payments on the amount wrongfully withheld by your employer, as well as attorney’s fees.
If you have worked without receiving regular or overtime pay, worked with no breaks, or worked for below the minimum wage, you should take action immediately. California law is on your side. Call the Aegis Law Firm for more information about how our Orange County wage and hour lawyers can help you get compensation for the damages you suffered. Your initial consultation is free, and you pay no fees unless we win.
Call us today at (949) 379-6250. Our law firm is located in Irvine and proudly serves all of California, including Orange County, Riverside, Los Angeles, San Diego and Sacramento. Aegis Law Firm is located in Irvine, off the Interstate 405 freeway near the Irvine Research Center.