Fullerton Wage and Hour Lawyer

Your employment is key to your lifestyle. No matter what you do for a living, you need the pay from your job to provide for your family and allow you to enjoy your life. Though some people love their jobs and enjoy being at work, it is important to remember that your salary or hourly wage is the ultimate reason that you’re working.

By law, employers must pay their employees on a regular basis and at a rate that is fair and honest. When your employer fails to pay you correctly, they are jeopardizing your financial situation and family income. Unpaid wages or withheld over time can lead to serious financial issues for many families.

If your boss is failing to pay you correctly, it is important for you to know that you have the right to take legal action. With the help of a wage and hour attorney or overtime lawyer, you can ensure that your employer pays you correctly and that you get properly compensated for the work that you do.

The Law Offices of Corbett H. Williams: Your Fullerton Wage and Hour Lawyer

Our team has been working in employment law for many years. We understand the importance of protecting your livelihood and ensuring that you get paid in accordance with your contract and with the law. We have seen firsthand how devastating it can be when unpaid wages begin to affect a person’s family and lifestyle. We do not take these situations lightly, and we fight ruthlessly to ensure that you get the compensation that you deserve.

No other Orange County firm can give you the comprehensive representation that we can. No matter what kind of labor issue you have, we can support you throughout the claim process. We represent employees of all kinds and have a deep understanding of how the law can work in your favor. From discrimination to hour disputes, our team is the best option for your Fullerton employment claim.

What Is an Overtime Violation in Orange County?

There are strict state and local laws outlining how long a person can legally work in a single week. This helps to ensure that every worker has the opportunity to rest and see their family, and no one is being worked beyond the bounds of human decency. Before these laws came into place, employers could force their employees to work all the time for no extra pay.

Now, if a person works more than 40 hours at a single job in a single week, they are eligible for overtime pay. This pay is usually 1.5 times the employee’s normal hourly wage. This discourages employers from overworking their staff and ensures that employees are properly compensated if they have to work more than normal.

Unfortunately, many employers do not follow overtime laws correctly. Some withhold overtime pay altogether, while others try to use backhanded ways to avoid paying overtime. For example, some employers register employees under independent contractor positions when they are full-time employees to avoid overtime laws. Others may misclassify their employees for the same reason. Yet others will ask their employees to do work off the clock to save money. All these tactics are illegal and are a form of overtime violation.

Breaks and Mealtimes

Another way that employers can steal from their employees is through break and mealtime violations. Employees are entitled to take regular breaks in accordance with the length of their shift.

For every five hours that you work, you are entitled to a 30-minute break to eat. Your employer must allow you to take this break and cannot try to discourage you from doing so. They must also not expect you to do any work or work-related activities during this time. They do not have to pay you for this time. If you work five but less than six hours in a day, you may waive this meal break if you so choose, but your employer may not demand that you do so.

Rest breaks are required for employees who work over 3.5 hours in a single day. For every four hours you work in a day, you should be allowed 10 minutes to rest. This break must be paid.

If your employer coerces you to waive your mealtime, does not pay you for your break, or otherwise tries to influence your legal rest times, you may have a wage dispute to bring to court. Engaging in these activities means that you are being unfairly compensated for your time and may be owed more money than you are given.

Other Common Wage Violations

Though breaks and overtime violations are common wage and employment violations, there are many other ways that employers may try to avoid paying their employees properly. No matter what kind of industry you are in, it is important to know common ways that employers try to steal from their employees. This can help you to identify these activities and take action if they happen to you.

Common wage violations include:

• Paying wages late. Employers are required to pay their employees regularly, generally every two weeks. If they are late to pay you, they are committing a wage violation. They also cannot ask you to wait to cash your check or delay getting paid on their behalf.
• Asking employees to work off the clock. You should always be on the clock if you are doing work activities. If your employer asks you to work without logging your time, they are asking you to give your time and services for free, which is illegal. They must properly compensate you for all your time that they use.
• Withholding PTO. Though not all employees have PTO, or paid time off, the ones who do must be able to use it. An employer cannot ask or demand that you do not use your PTO or let it roll over into the next cycle. PTO is part of your employment and must be honored.
• Failing to pay you after termination. If you are fired or quit, your employer has 30 days to pay you all unsettled wages and expenses. If they take longer than this, they are violating wage laws.

It is important to read your contract thoroughly when you begin any new job. This can help you to ensure that your employer is following the terms and compensating you properly.

FAQs

Q: Can you waive wage and hour claims in California?

A: If your employer owes you money, you cannot waive your right to it. California law dictates that employers must pay their employees regardless of what the employee says or offers to forfeit. This helps to ensure that employers do not threaten or coerce their employees into waiving their rights to save money.

Q: What is the statute of limitations for employment wage and hour claims in California?

A: Three years. However, if you notice a wage or overtime violation, it is best to file your claim right away. The sooner you file your claim, the sooner you can be properly paid. What’s more, if the court needs evidence of wrongdoing, the evidence may not be available if you wait for too long.

Q: Can I sue my employer for not paying me correctly?

A: Yes, you can sue your employer for not paying you correctly in the state of California. If you win, you can receive your missing pay plus interest and further economic damages that may have occurred. If you believe that your employer paid you incorrectly and you would like to sue, it is best to contact an attorney first. We can help you to determine if you have a viable case and what your odds might be in court.

Q: Can my employer change my hours without asking in California?

A: Unfortunately, there are no laws in place that keep an employer from changing your hours without notice. If you are an hourly worker, an employer can especially change your schedule or hours as they see fit. If you are a salaried worker, there are more limitations. Your contract likely outlined your schedule or your weekly hours, meaning that they cannot change these without a new contract or addendum.

Q: Do I get overtime pay if I am a salaried worker?

A: Salaried workers should still get overtime wages for working more than 40 hours per week. Their employer must determine what their salary would be in an hourly wage and pay 1.5 times that amount for every hour over 40 that the employee works in a single week. Many people do not realize that overtime pay applies to salaried workers as well, and employers often take advantage of this fact.

Contact the Law Offices of Corbett H. Williams

If you are facing a wage dispute, overtime violation, or any other employment law problem, our team at the law offices of Corbett H. Williams is here to help. We have been working in employment law for 20 years, and we understand how crucial it is to navigate your case quickly, efficiently, and discreetly.

For more information on how we can help you with your employment law case, contact the Law Offices of Corbett H. Williams online today.