Santa Ana Wage and Hour Lawyer

Despite the employee-friendly state laws in California regarding wage and hour employment laws, wage and hour disputes still occur. Violations of labor laws and California employment laws happen because employees are still vulnerable to mistreatment by employers. Failure to receive the wages that you rightfully earned can be incredibly frustrating as an employee in Santa Ana, CA, and it’s important that you protect yourself from pay and employment violations.
The California labor code covers, among other things, overtime payment, mandatory breaks and meals, vacation pay, reimbursement, and how employee wages are handled. These rules and regulations are necessary to protect workers and compensate them for the work they do. If you are a victim of unpaid overtime, late wage payment, inaccurate hours or wages, or another hour or wage error, you may want to get in touch with an overtime lawyer or employment attorney in Orange County.
While it’s true that one employee’s claim isn’t often enough of an issue to pursue in court on its own, you can still gain compensation. You can do this by representing not only the labor violation you have suffered but also those labor violations suffered by coworkers and fellow employees. This can provide you an opportunity to both regain compensation and change the behaviors at your workplace. There are tight time limit regulations in hour and wage cases, so the sooner you speak to a Santa Ana overtime lawyer, like those at the Law Offices of Corbett H. Williams, the sooner you can understand your options for compensation.

Why Do I Need a Santa Ana Employment Lawyer?

While you could attempt to represent yourself in an employment law case, you would be unable to receive the maximum compensation possible. Without legal understanding and practical application experience, California employment law is very complex, and any mistakes could cost you the compensation you deserve. A qualified employment attorney can relieve your stress by advocating for your rights and fighting to bring you the greatest amount of compensation possible.

There are many different violations of workers’ rights in the workplace, from unpaid overtime and failure to reimburse expenses to late payment after employment termination. These are violations of your rights, whether intentional or as a product of neglect, and need to be fixed and compensated to make up for your loss. Unfair and illegal business practices cost you and your rights. Skilled and expert legal representation can help you fight for the compensation you deserve. Examples of rights violations include:

• Failure to pay overtime
• Inaccurately calculated hours or wages
• Denial of mandated meal and rest breaks
• Failure to pay wages on time or in proper amounts
• Lack of reimbursement for work-related expenses
• Failure to provide wage statements to employees
• Violations of California minimum wage laws
• Unpaid commission
• Failure to pay wages on time after termination of employment, no matter the reason
• Violations of time off or vacation pay
• Errors or illegal deductions in payment

If any of these violations of your rights have occurred, you deserve advocacy and compensation. Talk to the Santa Ana employment attorneys at the Law Offices of Corbett H. Williams. We want to help you understand your options for a case going forward and how you can gain back your wages or time lost.

Common Examples of Wage and Hour Violations in Santa Ana, CA

The more you know about what entails a wage and hour violation, the better you can understand what treatment in the workplace could require a wage and hour dispute. Being unable to collect your rightfully earned pay is frustrating, and you need to know when you legally deserve better treatment from your employer.

• Minimum Wage LawsAlmost all California employees must be paid at least the minimum wage. Within the California labor code, this requires employers with fewer than 25 employees to pay a minimum wage of $14 an hour and those with more than 26 employees to pay a minimum wage of $15 an hour, as of January 2022. The minimum wage requirement can’t be waived by any employer-employee agreement. Violations of minimum wage are eligible to receive compensation in an employment claim.
• Unpaid Wages or OvertimeFailure by an employer to compensate workers for wages or overtime is a violation of your worker’s rights. In Santa Ana, CA, employees are entitled to overtime pay after 40 hours a week or 8 hours of work in a day. You deserve payment for the time you’ve worked, and filing a claim with an employment attorney can gain you compensation for unpaid wages.
• Off the ClockYour employer cannot require or request work off the clock. All nonexempt employees must be paid wages for their time, and failure to do so is illegal.
• Late Wage Payment at SeparationYour wages must be paid promptly by your employer, and you shouldn’t have to wait for the money you’ve earned. If your employment has been terminated, whether by firing, resignation, or layoff, your payment cannot be late. Violations result in penalties for time waiting on payment, with up to 30 days of additional pay.
• Unpaid Sales CommissionsIf you make sales commissions that are unpaid or are not included in your overtime rates, that is illegal. You should speak with an employment attorney to see how you can earn compensation.
• Denial or Lack of BreaksThe California labor code explains that nonexempt hourly employees are required a thirty-minute meal break every five hours and ten minutes rest breaks for every four hours worked. Denial of these breaks, or uncompensated breaks under certain circumstances, violates your rights. Employers can’t discourage you from taking your break or require you to complete work during a break. Missing a break entitles you to an additional hour of pay.
• Failure to Reimburse ExpensesCalifornia employment law requires reimbursement for job-incurred expenses. Failure to reimburse for all work expenses can result in a wage claim. The most common type is mileage expenses – or the costs to use an employee’s vehicle for work.
• Vacation Pay and Sick TimePaid time off is part of wages, and while it’s not required in California labor laws, employers must adhere to providing it if it’s offered. It’s illegal to take back paid time off or refuse carryover to later pay periods.

FAQs

Q: What Is the Average Hourly Rate For a Lawyer in California?

A: Hourly fees for California employment hour and wage attorneys are generally around $350-475 an hour. More experienced law firms also cost more, as they can ensure a better outcome. At the end of your case, your attorney usually receives a contingency fee – a percentage of your settlement compensation. This percentage can be anywhere from 10-30% of your settlement and is assigned by the judge based on the difficulty of your case. Because contingency fees come from your settlement, they are not out-of-pocket charges.

Q: Why Would Someone Need a Wage and Hour Attorney?

A: While you could attempt an hour and wage case yourself, it’s very likely that you will make mistakes, especially if you are dealing with other life issues outside of or resulting from the case. Without proper legal knowledge and practical experience, those mistakes could cost you the outcome of the case. By hiring skillful legal representation, someone with full knowledge of the legal systems can advocate for your rights at work. That way, you can receive maximum compensation for the violations you have suffered.

Q: What Types of Cases Do Employment Attorneys Handle?

A: Cases for employee compensation include unpaid overtime, inaccurate calculator of wages or hours, improper amount of wages paid, late wages, denial of or lack of breaks and rests, violation of minimum wage laws, failure to reimburse work-related expenses, violations for vacation pay or time off, payroll errors and wage deductions, and failure to provide wage statements.

Q: What Is the Most Commonly Litigated Wage and Hour Violation?

A: The most common form of wage and hour claims for employment compensation is unpaid overtime. Failure to pay either overtime or wages is illegal, is a violation of the labor code, and can lead to big lawsuits for companies. In Santa Ana, CA, nonexempt employees are entitled to overtime pay if they work over 40 hours in a week or 8 hours in a day. If you haven’t received overtime payment in such a situation, that is a violation of your worker’s rights.

Ensuring Workers’ Rights Compensation in California

If you’re dealing with wage and hour violations of your rights, you deserve compensation. Don’t allow yourself to be taken advantage of by employers. Let the Law Offices of Corbett H. Williams advocate for your rights and monetary compensation. We strive to fight for the most compensation possible for you and have experience in many employment law cases, from wrongful termination and workplace harassment to wage and hour violations. Let us help you. Contact the Law Offices of Corbett H. Williams, located in Santa Ana, CA, to see how we can assist you in representing your worker’s rights.