Wage and Hour California

The Law Guarantees You The Right To Fair Wages

Most claims for wage and hour or overtime are covered by the California Labor Code or the California Industrial Wage Commission Wage Orders. These rules change frequently, and depending on the situation, contain many exceptions.

Our attorneys represent employees whose wages have not been paid. Disputes over unpaid overtime, insufficient meal or break periods, failure to pay minimum wage or misclassified employees as contractors all fall under the general category of disputes over “wage and hour.”

Please contact our law firm immediately if your employer has done any of the following: 

  • Classified you as an independent contractor
  • Deducts money from your paycheck for any reason
  • Failed to pay you for all hours worked within 24 hours of termination or lay-off
  • Failed to pay you for all the hours you worked, including time spent for bag checks, booting-up or booting down computers, putting on protective clothing and/or gear, and other de minimis time
  • Failed to pay you overtime, or failed to pay overtime at the correct rate, such as failing to include commissions into the overtime premium rate calculations
  • Failed to provide you with a complete and accurate paystub so you can determine whether you were paid correctly during the pay period
  • Failed to reimburse you for work-related expenses including cell phone charges, mileage, home office expenses, and travel costs
  • Paid you a piece-rate basis or commission basis, but did not pay you for non-productive time, such as administrative time or rest periods
  • Paid you less than minimum wage in California
  • Prevented you from taking an uninterrupted meal break or any of your rest breaks – or required you to perform job duties during your meal or rest break

Please note that this is just a wage and hour law overview. Even if some of the laws listed here have not been violated by your employer, you may still have a claim. Contact our firm for more information, we are here to assist you.


Claims Evidence Required For Wage And Hour California

At Potter Handy, LLP, we will work with you to get all the evidence you need to bring your wage and hour claims. Under California Labor Code §§ 226 and 1198.5, your employer is required to give you your personnel file upon demand. Our experienced and diligent attorneys will work with you to submit the right request, and then review your personnel file for free to see if your rights have been violated.

The evidence you need to prove that your wage is not paid or underpaid includes, but is not limited to:

  • Basic time and earnings cards
  • Order, shipping and billing records
  • Records of additions to or deductions from wages
  • Wage rate tables
  • Work schedules

Aside from the above, you can also obtain records of past complaints against your employer for violations of similar Labor Codes, and you can also seek help from your co-employees by asking them for witness statements of their own experiences and unjust treatments perpetrated by your employer.


California Employment and Labor Law Attorneys

Seek legal assistance from our California Employment and Labor Law Attorneys if you want to make sure you are able to claim California wage and hour compensation as well as seek compensation for unpaid wages, civil penalties, and interest.

Call (800) 383-7027 or email us to schedule a free, confidential consultation.