WHY DO YOU NEED A WAGE AND HOUR LAWYER?
California has very strict laws that employers have to abide by. Among these laws are the wage and hour regulations that employers have to follow. These regulations include entitlement to overtime pay for non-exempt employees, meal breaks, rest breaks and minimum wage payments. If your employer is violating one of these laws, you are entitled to compensation for back pay and penalties for each violation.
Our employment lawyer works on a contingency fee basis or recovers his attorney fees from the employer. There is no out of pocket cost to the employee. If we do not win the case for the employee, then we do not charge the employee for our services.
Employment cases can be very costly. Our employment lawyer advances all the costs for pursuing the employment case. If we do not win the case, we do not ask the employee for any of the costs that we paid.
Employment cases are very complex. These cases are based on state and federal laws. Also, these cases have time limitations that need to be followed. In order to get maximum compensation for your Wage and Hour case, you need to have an experienced attorney.
By hiring an employment lawyer, you will receive maximum compensation with no out of pocket expenses. You would be making a decision that best protects yourself and the loved ones that depend on you.
If you are a salaried employee, which means that you earn a fixed salary that doe not depend on the amount of hours you work, then you are not entitled to overtime. However, there are strict guidelines that must be met to prove that you were actually a salaried employee. Speak to our experienced lawyer to determine if you were actually a salaried employee. If we can prove that you were not a salaried employee, then we can recover the money you were entitled to for overtime.
If you are not a salaried employee, then you are entitled to overtime wages if you worked more than 40 hours per week or if you worked more than 8 hours in a single day. If you work for seven consecutive days, you are entitled to 1.5 times your normal rate of pay for the first 8 hours worked on your seventh consecutive day of work.
If you worked over 40 hours per week, you are entitled to 1.5 times your normal hourly rate for every hour after the 40th hour of work.
You are entitled to 2 times your rate of pay for every hour worked after the 12th hour of work in a single day. Also, you are entitled to 2 times your normal rate of pay for every hour after the 8th hour of work on your seventh consecutive day of work.
For example, if you work 60 hours a week and make $10 per hour, you are entitled to $15 an hour for hours 41 to 48, and $20 per hour for hours 49-60.
If you work at least five hours in a day, you are entitled to a 30 minute unpaid meal break which has to begin before you start your fifth hour of work. This meal break is supposed to be uninterrupted and your employer can not discourage you from taking your meal break.
If you work 10 hours in a day, you are entitled to two 30 minute meal breaks throughout your work day.
The employer has to maintain a record of the time you took your meal breaks. If they do not keep a record and you were not given meal breaks, then you will have a great chance of proving that no meal breaks were given.
For every meal break that was not provided to you, we can recover a one hour penalty for each meal break that you were not given. For example, if you make $10 per hour, and were not given a meal break, then you would be entitled to a $10 penalty for each meal break you were not given.
If you work 6 hours in one day, you are entitled to a 10 minute paid rest break after the first 3.5 hours of work. If you work 6-10 hours a day, you are entitled to two 10 minute rest breaks for every 3.5 hours of work.
The rest breaks must be paid and can not be interrupted or discouraged by your employer.
Penalties for violation of rest break rules works the same as for meal breaks. You are entitled to a one hour penalty for each rest break that you are not given by your employer.
DO NOT WAIT TO TAKE ACTION
You can recover back pay and penalties for the three years before you file your lawsuit. So if you wait to take action, you may not be able to recover all the backpay and penalties that you are owed.
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