Riverside Wage and Hour Lawyer

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Riverside Wage and Hour Attorney

Have you been wronged by your employer? Please call Theory Law at (310) 500-0206 to speak with a Riverside Wage and Hour Attorney.

When we think about the topic of theft, our minds might turn to images of masked intruders or back alley muggings. In reality, the most prevalent type of theft in our society, by most metrics, is actually corporate wage theft, with a significant amount of it coming in the form of unpaid overtime. When your hard-earned paycheck is at stake, you need a trusted advocate on your side: enter the talented Riverside wage and hour lawyers from Theory Law.

The unpaid overtime team at Theory Law is committed to ensuring that California workers receive fair compensation for each and every hour they work. Our world-class team of employment lawyers and support staff are dedicated to protecting the rights of Californians who have been wronged by their employers. From unpaid wages to overtime calculation disputes, we know every situation is unique, so we handle each case with the personalized attention it deserves.

If you work long hours in the Riverside area and are concerned that you are not being paid proper overtime wages, we can help. Please know that California law provides tools for you to hold your employer accountable and recoup unpaid overtime and other benefits. Theory Law can help you utilize these tools in the most effective way, maximizing compensation for your claim and sending a powerful message to employers in your industry.

Riverside Wage and Hour Lawyer

Understanding Wage and Hour Disputes in California

So-called “wage and hour disputes” can arise from various scenarios, including minimum wage violations, scheduling issues, missed breaks, and unpaid overtime. In California, strict labor laws exist, which reinforce and expand existing federal regulations to protect employees from exploitation and provide them with avenues for recompense if they do not receive proper compensation for their work.

Some different types of wage and hour disputes include:

  • Unpaid Overtime – Unpaid overtime is, unfortunately, a prevalent issue in several California industries. Aside from a few limited exemptions, employers are legally required to pay their employees overtime pay (usually calculated as 1.5 times normal pay) for any hours worked over eight in a single day or over 40 in the same week.

    For example, a worker making 25 dollars hourly would earn $1,000 for a standard 40-hour work week. If that worker put in 45 hours in a single week, however, they would be owed $1,187.50 (rather than $1,125, or $25 x 45 hours) because those 5 hours in excess of 40 must be compensated at an overtime rate of $25 x 1.5, or $37.50. (Note that, for simplicity’s sake, these are gross pay calculations and do not account for taxes or any other deductions.)

    Now imagine this happening to our hypothetical worker every single week: they work their 45-hour schedule consistently but are only ever paid their base rate with no overtime. This weekly shortchanging of $62.50 adds up to $3,250 in the span of a single year–a significant amount of money for any working family.

    In some scenarios, such as extraordinarily long shifts, you may even be owed double your normal wage. The unpaid overtime team at Theory Law can help you calculate exactly what your claim is worth so that you receive every dollar you’re entitled to.

  • Minimum Wage Violations – While overtime is indeed central to many wage and hour disputes, it does not necessarily need to be a factor for such a dispute to arise. For example, California has an elevated minimum wage compared to the federal rate, with certain cities having mandated even higher minimum wages. Legal action can be taken against employers who fail to comply with state or municipal-level minimum wage laws.

    In the context of today’s discussion on unpaid overtime, we should note that minimum wage employees, as well as those classified as “part-time,” are also entitled to time-and-a-half overtime pay if they work more than 8 hours a day or 40 hours a week. Bad faith employers will sometimes use an entry-level employee’s presumed lack of labor law knowledge against them in these situations. Theory Law is here to help you understand and assert your rights.

  • Meal and Rest Breaks – Some workers mistakenly believe that rest and meal breaks are only a matter of company policy and will vary from workplace to workplace. The reality is that labor laws explicitly entitle workers to meal and rest breaks based on the total length of their shifts. You may be able to file a claim for substantial compensation if your boss has a pattern of forcing you to “take a working lunch” or forgo breaks altogether.

    You may additionally be owed unpaid overtime if you were instructed to clock out for breaks to keep your shift under 8 hours but were then expected to work through those breaks.

  • Misclassification – Sometimes, employers will deliberately misclassify their employees as independent contractors to avoid paying for benefits, or so they can use a contract to disguise what is effectively a below-minimum-wage pay rate. The rise of gig work and certain types of remote jobs has, unfortunately, only made this more common.

    However, the growing problem has also gotten the attention of regulators and officials, meaning courts in California may be primed to hear these claims.

    One of the main reasons for misclassification is–you guessed it–in an effort to avoid paying overtime. Independent contractors are usually paid on a per-project basis or paid a lump sum to complete a certain list of tasks. This means that hourly wage rules regarding overtime (as well as certain other labor protections and employee perks) do not apply to them.

    If you are working as an independent contractor but suspect you should actually be working as a regular employee, please reach out to Theory Law for assistance evaluating your claim. One good clue to remember: if your employer requires you to show up for specific, scheduled shifts, there is a good chance you may actually meet the legal definition of an employee rather than a contractor.

    A successful claim could entitle you to back pay, unpaid overtime, and/or compensation for other lost benefits.

 

Now that you understand a bit more about the legal framework surrounding unpaid overtime, as well as how it intersects with so many other key employment law issues, you will be better equipped to collaborate with your employment lawyer.

When you’re ready to take the next step toward achieving justice, please contact Theory Law to schedule a confidential and productive consultation session wherein we can begin to lay the groundwork for moving forward with your claim for unpaid wages.

Wage and Hour FAQs 

Q: How Much Does an Employment Lawyer Cost in California?

A: The cost of an employment lawyer in California will vary based on several factors, most notably the overall complexity of your case and the extent of your legal representation needs. For example, hiring a lawyer for in-court representation in a protracted legal battle against an ex-employer will be more expensive than having a lawyer review an employment contract.

Theory Law strives to make powerful, cost-effective legal solutions accessible to the working people of California, no matter how complex or contentious their cases may be.

Q: What Are My Employee Rights in Riverside, CA?

A: Your employee rights in California are vast and are backed by a substantial web of state and federal laws. In some cases, additional protections may be granted by industry-specific regulations, company policies, or the specific language of an employment contract. One of your rights is to receive overtime pay (at time-and-a-half, or a 1.5x rate) for each hour worked over 8 in a single day or 40 in a single week. In certain, more extreme cases, workers are even entitled to double-time (2x) wages.

Q: What Is the Employee Protection Act in California?

A: “The Employee Protection Act” in California does not refer to any specific piece of legislation and is not a commonly used term within the context of California labor law, yet workers in the state are nonetheless protected and supported by a comprehensive system of state and federal labor laws.

To better understand your specific rights as an employee under California state law, the state’s Department of Industrial Relations is a great resource, as is a qualified labor attorney, such as those available through Theory Law.

Q: What Is Considered Wrongful Termination in California?

A: A variety of different scenarios could be considered wrongful termination in California. A firing that breaks the specific terms of an employment contract would be one example. Discriminatory firings are also illegal, such as a worker losing their job on the basis of their race or gender or because they are pregnant.

Whistleblowers are also protected from retaliatory firings. For example, a worker who files a complaint claiming their employer has failed to pay legally mandated overtime cannot be fired for reporting this violation.

Theory Law - Powerful Legal Strategies to Recoup Your Unpaid Overtime

If your employer is refusing to pay your overtime wages or failing to calculate them correctly, please know that the law is on your side. The team at Theory Law is ready to help workers in Riverside and the surrounding area fight for fair treatment–and fair compensation. Contact us today to get the process started.

How Can Theory Law Help You?

If you need help regarding a legal matter and would like to discuss it with an attorney, please call (310) 500-0206 or complete and submit the e-mail form below, and the attorney will contact you.

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    Holding Employers Accountable

    From the start of your case, Theory Law holds employers accountable by providing aggressive representation. Should it be necessary to go to court for your case, we will professionally and aggressively advocate your rights.

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    Theory Law will not charge you any attorney fees if you do not get paid a recovery for your case. Unlike some other firms, you are not charged for any case opening fees or attorney retainer fees.

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    Theory Law Difference

    Our growth and success are in large part from putting people first. We care about you, and we are not afraid to go to trial to get you the maximum settlement. Others may leave more money on the table.

    What people say about Theory Law

    I admire and appreciate your professional service. I recommend you to all my family and friend with pride and confidence. Thanks a lot my friend.
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    October 21, 2021
    You are the best! thank you for your help, always being available to answer questions, taking care of the things I needed, and getting the result I asked for. Will be passing your name to friends and family.
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    November 4, 2021
    Had a great experience with this office. I did not know what to expect but they were very helpful and took time to explain every step. I needed help with an issue i had with employer and they were able to help me. i will call you if i need anything else in the future, thanks!
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    November 14, 2021
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