Merced Wage and Hour Lawyer

Merced Wage and Hour Attorney

The team at Asbill Law Group understands the vital role fair wages and compensation have. Proper payment enables you to care for yourself and your family. When employers fail to honor wage and hour laws, workers are left feeling worried and powerless. A Merced wage and hour lawyer from our firm can advocate for workers throughout Central California. We work to make sure employees receive the wages they have rightfully earned under the law.

The Purpose of Wage and Hour Law

Wage and hour law protects workers from exploitation by establishing minimum standards for pay, work hours, breaks, and working conditions. Both California and state law enforce these regulations, making sure employees are fairly compensated for their time and labor.

Employers who fail to comply with wage and hour laws can face serious legal consequences. These may include issuing back pay and having to pay fines and attorney fees. Regardless of these laws, some employers will still violate them. In fact, a recent study showed that 41% of California workers reported at least one serious labor law violation, such as wage theft.

At Asbill Law Group, we keep employers accountable and help workers recover what they’re owed.

Common Wage and Hour Law Violations

California has some of the strongest wage and hour laws in the nation, but wage theft remains a concern. Some of the most frequently violated regulations include:

• Unpaid overtime. California law requires employers to pay time-and-a-half for over eight hours worked in a day or 40 in a week. Some employers misclassify employees or manipulate timecards to avoid paying overtime.
• Off-the-clock work. Employees may feel pressure to work before or after their scheduled shifts without pay. This can include tasks such as setting up, cleaning, preparing for the next shift, or attending meetings.
• Missed meal and rest breaks. California law guarantees a 30-minute meal break for shifts over five hours and a 10-minute rest break for every four hours worked. Any denial or interruption of these breaks may result in compensation to employees.
• Misclassification of employees. Some employers classify workers incorrectly, labeling them as independent contractors or exempt from wage laws. They do this to avoid paying overtime or providing benefits.
• Minimum wage violations. Because of the higher cost of living, California’s minimum wage of $16.50 per hour is higher than the federal minimum of $7.25 per hour. It can increase based on the employer’s size and location as well. Employers must pay the highest applicable rate.
• Illegal deductions. Employers can’t make unauthorized deductions from paychecks without proper consent.
• Final paycheck delays. When an employee is terminated or leaves the position, the employer must promptly provide a final paycheck. Any delay could result in penalties under California law.

What Damages Can You Recover in a Wage and Hour Case?

If your employer violated California wage and hour laws, you could seek to recover the following:

• Unpaid wages, such as hourly wages, minimum wage, or overtime pay
• Back pay for missed meal and rest breaks or off-the-clock work
• Interest on wages owed to you
• Waiting time penalties if your employer delayed your final paycheck
• Any attorney’s fees and legal costs you incurred while fighting for your pay

How Asbill Law Group Can Ensure Fair Pay & Treatment

Asbill Law Group takes a comprehensive approach to wage and hour violations by performing a thorough investigation of our client’s situation. We begin by reviewing time records and pay stubs, searching for instances of underpayment, manipulation, and illegal deductions. We then interview witnesses or coworkers to determine if there are patterns in the employer’s behavior.

Our attorneys can determine if you’ve been misclassified under California’s strict standards for exempt employees and independent contractors. Then, we can use state labor code provisions to compute the full scope of your financial damages.

At this point, we can file a wage claim with the California Labor Commissioner at 2031 Howe Avenue in Sacramento or in civil court. It depends on which path better suits your situation and shows the most promise of a successful outcome.

FAQs

What Is the Seven-Minute Rule for Payroll in California?

The seven-minute rule is used by many employers when tracking clock-in and clock-out times. Time clocks are rounded to the nearest 15-minute increment. Therefore, if an employee clocks in within seven minutes before or after their scheduled time, the clock-in rounds to the nearest quarter hour. California law requires that rounding be neutral and not a disadvantage to the employee.

Should I Tell Human Resources I’m Getting a Lawyer?

In Merced, while telling human resources of your plan to hire a lawyer can feel like the right thing to do, it can ultimately impact the way you’re treated in the workplace. This could make them more difficult to communicate with, and they may involve their own legal team, which can make a simple case more complicated. Think carefully about your goals and plans for your case before you inform them of your plans.

What Is the 4/10 Rule in California?

In California, employers and employees can agree on an alternative workweek schedule, such as four 10-hour days per week, in a way that does not mandate daily overtime. The arrangement must be approved by a secret ballot vote of the affected employees and then filed with the state. If the employee then works more than 10 hours in a day, they would be eligible for overtime pay.

What Are the Rules for Hourly Employees in California?

Non-exempt hourly employees in California are entitled to key protections. They must be paid the state minimum wage and receive overtime pay for hours worked over eight or ten in a day, depending on the agreement with the employer. Employees are also entitled to meal and rest breaks during lengthy shifts. Employers must keep accurate working times for employees and make prompt wage payments.

Contact a Merced Wage and Hour Lawyer

If your employer has denied you fair wages, kept you from taking mandated breaks, or misclassified your employment status to their benefit, we can assert your rights. Contact Asbill Law Group today to schedule a consultation. Our Merced wage and hour lawyers can explain your legal options and secure for you the pay you rightfully earned.