San Francisco Wage and Hour Lawyer
It’s Your Livelihood.
Your Wellbeing at Work is Equally as Important Off the Clock.
San Francisco Wage and Hour Attorney
Unpaid wages, overtime violations, and any other pay dispute in the workplace can be resolved with the help of a professional San Francisco wage and hour lawyer. California has strong labor standards to ensure the safety of workers, but if employers are not doing their job, employees can be left with low wages and workforce imbalances.
Whether you’ve dealt with pay cuts, incorrectly being classified as an independent contractor, or not being allowed adequate breaks, you’re not alone. The San Francisco employment lawyers at Theory Law are committed to holding employers accountable and making sure employees are given reasonable pay for their time and efforts. Let us take the burden off your shoulders, fight on your behalf, and help you get paid what you deserve.
Understanding Wage and Hour Laws in California
California’s wage and hour laws are among the most stringent in the nation and they make sure that workers are properly compensated and have a good working environment. These provisions extend to minimum wage, overtime rates, meals and breaks, and employee classifications. Employers must pay the state minimum wage and offer proper overtime if the worker worked more than eight hours in a day or 40 in a week.
It’s also essential that workers have the right amount of time between shifts. Despite these safeguards, breaches happen all the time, and workers are often underpaid and overworked. A knowledgeable San Francisco wage and hour lawyer can educate employees about these rules, spot potential violations, and pursue legal action to collect wages and other damages.
Minimum Wage Violations
California’s minimum wage laws protect workers from being underpaid, but violations remain widespread. Employers may fail to pay the current state minimum wage, deduct unlawful expenses, or misclassify employees to avoid compliance.
An experienced San Francisco wage and hour lawyer can examine your pay records, look for gaps, and get you the wages you deserve. Holding employers accountable leads to equitable treatment of all workers and discourages wage infractions. If you suspect you are being paid less than the legal minimum, it’s essential to take action.
Overtime Pay Disputes
Non-exempt employees must be paid overtime if they work more than eight hours per day or 40 hours per week, according to California law. Employers may incorrectly categorize employees as exempt or fail to calculate overtime correctly, resulting in underpayment. If your employer refuses to pay or underpays you for overtime, you must act swiftly.
A wage and hour lawyer can review your pay records, check compliance with overtime rules, and assist you in recovering unpaid wages. Proper enforcement preserves your rights while discouraging employer wrongdoing.
Meal and Rest Break Violations
In California, employers are mandated to give meal and rest breaks to workers during shifts. Non-exempt employees are entitled to a 30-minute meal break when working more than five hours and a second meal break when working more than 10 hours.
It is not uncommon to see violations such as refusing breaks, not providing uninterrupted time, or failing to make up for breaks not taken. You may be entitled to compensation if your employer hasn’t allowed you adequate breaks. An attorney can explain your rights, help you pursue claims, and hold employers accountable for violations.
Employee Misclassification
Employers use misclassification to deny workers fair compensation and benefits. Workers may be reclassified as independent contractors or fired as employees so that they can be denied overtime, time off, or other benefits.
California’s stringent rules, such as the “ABC Test,” aim to deter such activities and ensure that workers are fairly compensated in San Francisco.
According to the ABC test, a worker is not an independent contractor unless they meet all three of the following
criteria:
- They operate independently, without the hiring entity’s control over how the work is completed.
- They work outside of the hiring entity’s typical business operations.
- They are involved in an independently established trade, occupation, or company relevant to your work.
When you suspect you have been misclassified, the most critical move is to hire a San Francisco employment lawyer. They can investigate your work status, gather proof, and assist you in filing a claim for unpaid wages and benefits. Proper classification guarantees that employees are treated fairly and businesses do not break the law.
Wage Theft and Unpaid Wages
Wage theft is when employers aren’t paying their employees properly, for example, by not paying wages and failing to pay all hours worked or overtime. This activity, which most often impacts low-wage workers, can happen in any sector.
California laws shield workers from wage theft and give them the right to recover lost wages and damages. If you feel like you are the victim of wage theft, keep records of your hours worked, pay stubs, and communications with your employer. A lawyer can help you pursue a strong case, recoup your unpaid wages, and hold your employer accountable.
Off-the-Clock Work and Unpaid Time
Workers could be illegally compelled by employers to work off the clock, including before or after work or during unpaid lunch breaks. California mandates that all labor time (preparation, cleanup, training) be paid. If you are not paid for that time worked, your employer is in violation of wage and hour laws.
If you’ve been asked to work overtime, document each time it happens, as well as the dates and assignments requested. Having a San Francisco attorney on your side can help you secure unpaid wages and make sure your employer pays you all the hours that you worked.
Retaliation for Wage and Hour Complaints
Retaliation occurs when an employer takes harmful action against a worker for submitting a complaint regarding wage theft or exercising their labor rights. Retaliation can include firing, demotion, reduced hours, and intimidation. California statutes guard workers against retaliation and offer methods for claiming compensation if retaliation occurs.
If you’ve been retaliated against for bringing up wage and hour issues, contact a San Francisco wage and hour lawyer to make a claim and get your money back. Enforcing resistance to retaliation not only protects your rights but also holds employers accountable, which results in a more equal work environment for everyone.
San Francisco Wage and Hour FAQs
Q: What Are Wage and Hour Laws in California?
A: California wage and hour laws ensure fair wages and working conditions for employees. They include laws regarding minimum wage, overtime pay, lunch and rest breaks, and prompt wages. California’s regulations are much stricter than those of the federal government. If you believe that your employer is not following wage and hour laws, you can hire a San Francisco employment lawyer to educate you on your rights and recover back pay or other forms of compensation.
Q: What Should I Do if My Employer Withholds Wages?
A: If your employer withholds wages, record all the hours you worked and keep pay stubs or other documentation of your wages. Make sure you talk to your boss or your human resources department to address the
situation. If nothing is done, you can complain to the California Labor Commissioner or seek legal counsel from an employment attorney to determine whether you have a case and pursue a claim to recoup your unpaid wages.
Q: What Are Common Wage and Hour Violations?
A: Common examples of wage and hour violations include underpayment, unpaid overtime, lack of meals or rest breaks, misclassification of employees, and demanding non-standard hours. Companies may also withhold wages
or send them out late. These infractions can have serious consequences for workers.
If you are a San Francisco employee, your wage and hours lawyer can help you identify these problems, gather the necessary evidence, and collect damages for your employer’s illegal conduct.
Q: What Is Employee Misclassification?
A: Employee misclassification occurs when an employer classifies employees as independent contractors or excludes them to avoid giving overtime pay, benefits, or other legal entitlements afforded to employees under labor laws. California’s ABC Test assures proper categorization by considering factors such as worker autonomy and type of work.
If you believe you’ve been incorrectly classified, a San Francisco employment attorney can help you determine your correct classification and seek any unpaid wages or benefits.
Q: Can My Employer Retaliate if I File a Wage Complaint?
A: Your employer cannot retaliate against you, as retaliation for filing a wage complaint is against California law. You cannot be demoted, fired, harassed, or laid off by an employer because you have labor rights. To protect yourself from retaliation, keep a record of every adverse action taken against you and contact an employment attorney to open a case. You could recover damages and receive other protections due to your employer’s unlawful actions.
Contact a San Francisco Wage and Hour Lawyer
Every worker deserves to be treated and paid fairly. A San Francisco wage and hour attorney can represent you for wage theft, overtime violations, and other pay and hourly violations. California’s labor laws are designed to protect workers’ rights, but enforcing them is likely to require a competent attorney.
Theory Law is renowned for defending workers’ rights and placing employers at the mercy of the law. Whether your case involves unpaid wages, a classification error, or denied vacation days, we can represent you and help you pursue the compensation you deserve. Do not let discrimination go unnoticed. Call Theory Law and book a consultation so we can fight for you and help get you the justice you deserve.
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.
Practice Areas
San Francisco
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.
No FEE Gurantee
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.
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.