Elk Grove Wage and Hour Lawyer

Elk Grove Wage and Hour Attorney

Employees have rights when it comes to wages. When those rights are violated, you could receive less than the amount you should be earning. If you think your employer is allowing unlawful wage practices, you should contact an Elk Grove wage and hour lawyer to review the facts of your case to ensure you’re being paid a fair wage.

Hire a Wage and Hour Lawyer

When you are not paid according to federal and state guidelines, you could file a claim against your employer. Successful claims often result in employees receiving back pay, interest, and penalty fees. Your employer may even be required to pay your attorney fees.

When you hire a wage and hour lawyer, you increase your chances of recovering your missing wages. At Asbill Law Group, we have over a decade of experience with California labor laws.

Wage Theft in the United States

The U.S. Department of Labor’s Wage and Hour Division tracks wage and hours disputes throughout the United States. The Wage and Hour Division uses its resources to advocate for workers who are being mistreated or have their rights violated. These efforts resulted in over $273 million being recovered for nearly 152,000 workers in 2024.

Wages recovered include:

• $37.8 million for health care workers
• $35.1 million for food service workers
• $32 million for construction workers
• $11.1 million for building services workers
• $6.8 million for agriculture workers
• $6.3 million for retail workers

As a citizen of Elk Grove, if your wage and hour rights are being violated by your employer, you can file a claim with the California Division of Labor Standards Enforcement in the Sacramento Office. You can also file a civil claim for lost wages in the Sacramento County Superior Court at the Gordon D. Schaber Sacramento County Courthouse.

Wage and Hour Rules in California

In the United States, there are federal laws that mandate wage and hour guidelines. However, each state is free to set its own wage and hour guidelines, and employers are required to follow the guidelines that offer more benefits for their employees. In California, wage and hour rules include:

• Minimum wage. The minimum wage in California is $16.90 per hour for all employees unless they are covered by a higher minimum wage. Some employees, such as fast food workers and health care workers, have a higher minimum wage.
• Overtime pay. Employees who work for more than eight hours in a day or more than 40 hours in a week are entitled to overtime pay at one and one-half their normal rate. When an employee works for more than 12 hours in a day or for seven consecutive days, they are entitled to double their regular rate.
• Time pay. When an employee is asked to wait at a job site or to be available on standby, the employer is required to pay the employee their standard rate for this time.
• Employee classification. Employees who are classified as non-exempt are entitled to overtime pay, meal breaks, and rest periods. By contrast, independent contractors do not get overtime pay or scheduled breaks.
• Meal breaks. Employees are guaranteed an unpaid 30-minute, uninterrupted meal break when scheduled to work more than five hours. Employees scheduled for more than 12 hours are guaranteed two unpaid 30-minute, uninterrupted meal breaks.
• Rest breaks. Employees are entitled to a 10-minute, paid break for every four hours worked.

Common Wage Law Violations

Common wage and hour violations in California include:

• Late payment of wages
• Last paycheck violations
• Failing to provide proper breaks
• Non-payment of overtime
• Classifying non-exempt employees as exempt
• Classifying non-exempt employees as independent contractors
• Retaliating against employees who file wage and hour claims

FAQs

Am I Guaranteed Time Off for a Holiday or Holiday Pay in California?

No, California does not require employers to close for holidays, offer paid time off when closed for a holiday, or offer holiday pay when an employee is required to work on a holiday. Employers are only required to pay employees overtime if working the holiday results in the employee working more than 40 hours in that work week. The only exceptions are those provided in an employee’s contract with their employer.

What Is the 2-Hour Rule in California?

The 2-hour rule in California is also known as reporting to work pay. Under this rule, if an employee reports to a regular, scheduled shift but there is not sufficient work to be done, the employer can send the employee home early. However, that employee is entitled to be paid for half of their scheduled hours. Employers are required to pay an employee at least 2 hours but no more than 4 hours at their regular rate.

Is It True That My Employer Only Has to Pay Me the Federal Minimum Wage in California?

When state minimum wage laws differ from federal minimum wage laws, employers are required to pay employees based on the stricter standard. In California, minimum wage laws set a higher minimum wage than federal minimum wage laws. When following the stricter standard, employers are required to pay employees the higher California minimum wage. Between local, state, and federal laws, employers have to follow the wage laws that are most beneficial for employees.

What Is the Statute of Limitations for Wage and Hour Disputes in California?

The statute of limitations for a wage and hour dispute in California differs depending on the type of dispute. If your dispute involves a written contract, you have four years to file a claim. If your dispute involves a violation of the minimum wage, overtime, deductions from pay, or unpaid reimbursements, you have three years to file a claim. If your dispute is based on an oral contract, you have two years to file a claim.

Contact Asbill Law Group

When you’ve been treated unfairly by your employer, you may feel that any action you take could make the situation worse. You need a strong ally with years of experience with the California Labor Code, the federal Fair Labor Standards Act, and other applicable wage laws. Contact Asbill Law Group today to schedule your confidential consultation.