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Employment Law Wage & Hour

WarmuthLaw

Wage & Hour Lawyers

“Wage and hour” is a catch-all employment term for anything related to wages and working conditions.  Wage and hour law governs the rules and enforcement of minimum wages, overtime pay, tips, rest and meal breaks, promised bonuses, employment classification, and more.  Violations of wage and hour laws are sometimes difficult to detect, so knowing your rights can help you to ensure your employer is not illegally taking advantage of you

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Our Simple Process

File Preparation

Require employers to provide all employee-related personnel and payroll records

Investigation Stage

After receiving all employment records from the employer, the attorney will review all relevant documents pertaining to the employee to determine whether the employer has been in violation of labor laws.

Issue Claim

If the employer does violate labor laws, we will prepare and send the claims to the employer or their attorney

Settlement and Proceedings

You may receive a settlement offer during your claims process, which you can accept or reject. If both parties cannot reconcile, the employee may pursue their claims through the Department of Labor or through legal proceedings.

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Wage & Hour

1

Minimum Wage

The minimum wage in California in 2021 is $13.00/hour for businesses with 25 or fewer employees and $14.00/hour for businesses with more than 25 employees. Tips do not count towards minimum wages. If you are being paid less than the minimum wage amount by a ...

The minimum wage in California in 2021 is $13.00/hour for businesses with 25 or fewer employees and $14.00/hour for businesses with more than 25 employees. Tips do not count towards minimum wages. If you are being paid less than the minimum wage amount by a business, you may be eligible to take legal action to recover lost wages.
2

Overtime Pay

Businesses are required by law to pay overtime wages to non-exempt employees under certain circumstances. Generally, any hours worked in excess of eight hours in a single 24-hour period and any hours worked in excess of 40 hours in a workweek are to be paid a...

Businesses are required by law to pay overtime wages to non-exempt employees under certain circumstances. Generally, any hours worked in excess of eight hours in a single 24-hour period and any hours worked in excess of 40 hours in a workweek are to be paid at 1.5 times the regular rate of pay (time and a half). Additionally, hours worked in excess of 12 hours in a single 24-hour period and hours worked in excess of eight hours on the seventh consecutive day of work in a workweek are to be paid at two times the regular rate of pay (double time). Though there are exceptions and nuances to overtime pay, if you are not receiving overtime pay after working extended hours, you may have a legal case to pursue lost wages.
3

Breaks

Paid work breaks are guaranteed under California labor law. If you work at least 3.5 hours in a shift, you are entitled to a work break. For every four hours of daily work, one rest break of 10 minutes must be provided. You cannot be forced to work through ...

Paid work breaks are guaranteed under California labor law. If you work at least 3.5 hours in a shift, you are entitled to a work break. For every four hours of daily work, one rest break of 10 minutes must be provided. You cannot be forced to work through your required breaks. California labor law also requires meal breaks of at least 30 minutes for shifts lasting longer than five hours, with more meal breaks required when the workday exceeds 10 hours. Meal breaks are off the clock and unpaid, but in exchange, you cannot be required to work during any meal break. Workers can be asked to work through a meal break, called an on-duty meal break, but it must be paid and mutually agreed to.
4

Tips

Businesses must follow rules when it comes to tips and gratuity. Employers cannot consider tips as a part of wages, cannot deduct credit card fees, and cannot take a cut of tips. Tips are allowed to be pooled and shared with other workers, such as cooks and ...

Businesses must follow rules when it comes to tips and gratuity. Employers cannot consider tips as a part of wages, cannot deduct credit card fees, and cannot take a cut of tips. Tips are allowed to be pooled and shared with other workers, such as cooks and busboys at a restaurant, but are not allowed to be shared with supervisors, managers, or business owners. Financial recovery for violations of tipping rules can be pursued under employment law.
5

Employee Classification

Companies may try to label certain workers incorrectly to provide fewer benefits. They may try to classify some hourly workers as exempt to avoid paying overtime or could label workers who should qualify as employees as independent contractors to avoid paying...

Companies may try to label certain workers incorrectly to provide fewer benefits. They may try to classify some hourly workers as exempt to avoid paying overtime or could label workers who should qualify as employees as independent contractors to avoid paying benefits. If you are not receiving overtime pay or employee benefits due to incorrect classification, you can pursue a legal case.
6

Contractual Bonuses

If a company promises a worker a bonus once certain goals are met, the worker meets those goals, and the company does not provide the bonus, the company could be breaking employment law.

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I was in a car accident and called Law Offices of Scott Warmuth, they took great care of me, always kept me posted along the way.  I was really happy with the results.  Christina Williams handle my lien reductions and was able to get my liens reduced by more than 50%.  If you’re looking for a good PI Law Firm, call Law Offices of Scott Warmuth.

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