You work hard to support yourself and your loved ones. And in return for your hard work, you’re owed the wage that was agreed upon when you accepted your job, received a promotion, or earned a raise. But if you’re like countless Californians, you haven’t been paid fairly.
Many workers are hesitant to bring up wage and hour disputes with their employers. “Rocking the boat” can be stressful, and it’s common for employees—including those who have been mistreated—to fear retaliation, demotion, or even termination when pointing out something their employer has done wrong. Having an experienced California wage and hour lawyer on your side can not only help you get the money you’re owed, but also protect your employment status against illegal retaliation.
At Berg Injury Lawyers, our wage and hour attorneys serve all of Northern California, including San Francisco. Sacramento, Oakland, Modesto, and Fresno. Let our California wage and hour lawyers fight for the payment you’re entitled to. Contact our team today to discuss your wage and hour issue at no cost.
What Are Common Types of Wage and Hour Disputes?
Most employers in California go by the book when it comes to paying their employees. But some will take advantage of loopholes, misunderstandings, or even fear of retaliation to pay their workers less than what they’re owed. Common methods of wage theft include:
Misclassifying workers as contractors
Many businesses use independent contractors to perform various tasks and help complete projects. These contractors aren’t eligible for benefits and must pay additional taxes that are normally covered by employers for employees. But some businesses treat contractors the same as they do full-time employees, but without any of the perks of actually being employees.
Misclassifying workers as salaried or exempt
When workers are paid hourly wages, they’re eligible for overtime for any hours worked that exceed 40 in a week. However, workers who are paid a salary earn the same amount per week regardless of the number of hours worked. Some employers will classify workers as salaried when they should be considered hourly to avoid paying them overtime.
Forcing workers to work off the clock
When an hourly worker’s shift begins, they should be clocked in and getting paid. And when their shift ends or they’re on break and they clock out, they shouldn’t be required to complete any more work tasks. However, it’s not uncommon for managers to ask workers to complete tasks off the clock. Whether those tasks take five minutes or five hours, workers should either be clocked in for them or not asked to work at all if their shifts are over.
Paying workers less than they’re owed
In some cases, employers falsify or change wage and hour records to pay employees less. They may alter timesheets to cut employees’ hours, or they may reduce bonuses, commission checks, or raises without notifying employees that they’re doing so. When employees receive their paychecks and notice they’ve received less money than they’re supposed to, their employers may plead ignorance.
Not paying at least minimum wage
As of January 1, 2022, California’s minimum wage is $15 per hour for businesses with 26 or more employees and $14 per hour for businesses with 25 or fewer employees. This minimum wage includes servers and other employees who also receive tips in addition to their hourly rates. In addition, salespeople with commission-based pay must also be paid at least the state’s minimum wage if their commissions for a given pay period don’t reach or exceed it.
Withholding or miscalculating overtime pay
When hourly workers put in more than 40 hours per week, they’re supposed to be paid at 1.5 times their normal hourly rate for all hours worked beyond 40 for that week. And when they work more than 12 hours in a day or more than eight hours per day for seven days in a row, they’re owed double their hourly rate. However, some employers pay workers their normal rate for those hours or pay 1.5 times hourly rates when they should be paying double.
If you’ve been subjected to any of these unfair, unethical, and illegal practices by your employer, a California wage and hour attorney at Berg Injury Lawyers can help review your case and fight for the payment you’re owed. Simply contact our wage and hour lawyers today for a free, no-obligation consultation.
The Law Protects Workers from Wage and Hour Issues
Many laws protect workers in California from being exploited by their employers. Two of the most powerful laws are the Fair Labor Standards Act (FLSA), a federal law, and California’s Labor Code. Both laws, along with many others, protect the rights and fair pay of workers.
As a worker, you’re entitled to file a wage claim over unpaid wages, bounced checks, unauthorized deductions from your pay, and many other wage and hour issues.
Though the details of the FLSA and the California Labor Code can seem complex for those unfamiliar with them, an experienced wage and hour lawyer will have an in-depth understanding of your rights to compensation and back pay.
Our wage and hour dispute lawyers will work with you to determine whether you need to file an initial report of claim with California’s Division of Labor Standards Enforcement, or whether another avenue of compensation is better suited for your case.
How Our California Wage and Hour Dispute Lawyers Can Help
At Berg Injury Lawyers, we’ve been helping California workers for decades to ensure they get the payment promised to them by their employers. Our California wage and hour lawyers will review your case, including your employment records and withheld wages. We’ll then help you determine the best path forward.
If You Believe You’re a Victim of a Wage and Hour Dispute, We’re Here to Help
An honest day’s pay for an honest day’s work is a founding principle of our country. But too often, greedy employers and business owners cheat hard and loyal workers out of the money they’re owed. At Berg Injury Lawyers, our California wage and hour attorneys simply won’t stand for it.
When you work, you deserve to be paid fairly for your labor. And when employers deny workers like you the money they’re owed, they deserve to be held liable and to pay their employees every penny they earned. Contact us today for a free consultation to find out how we can help you resolve your wage and hour dispute.
Contact Us for a Free Initial Consultation
Berg Injury Lawyers has been helping car accident victims in San Francisco, Sacramento, and throughout Northern California since 1981. And thanks to our No Fee Guarantee®, if you don’t win, you pay nothing.
If you’re the victim of an auto accident, don’t try to take on the insurance company alone. You have rights that protect your best interests, and you may be entitled to more money than the insurance company wants to admit. But you may not know unless you contact Berg Injury Lawyers.
Don’t let an insurance company decide what your claim is worth. Get a free initial consultation from Berg Injury Lawyers today.