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Employment Law
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wage and hour violations

California law provides a comprehensive scheme for regulating the hours and pay of employees in the State. With few exceptions, California employees must be paid a minimum wage. Effective January 1, 2007, the minimum wage in California is $7.50 per hour. In some cities, like San Francisco, that have a "living wage," the minimum wage may be higher.

California law also generally provides that "nonexempt" employees must be paid overtime when they work more than eight hours in a day or 40 hours in a week. Overtime must be paid at a rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours, up to and including 12 hours in any workday. Qualified employees are also entitled to double time for every hour worked over 12 hours in any workday.

There are a number of exceptions to the general overtime law described above. Additionally, certain classifications of employees are exempt from overtime laws, meaning the overtime requirements do not apply to them. Whether you are entitled to overtime depends on the type of work you perform and your particular duties.

How to determine if you are a misclassified employee

Employers who misclassify employees as salaried or "exempt" employees instead of "non-exempt" or hourly workers are violating the law. Misclassified employees can sue for unpaid overtime and penalties. California law also regulates rest and meal periods, as well as earned vacation, tips and gratuities, deductions from wages, pay days, pay periods, and final wages. Whether your employer is violating some aspect of California wage and hour law will often depend on your specific factual circumstances. If you have questions regarding your employer’s practices, you may consult the web site for the California Department of Industrial Relations, Division of Labor Standards Enforcement ("DLSE"), which provides answers to frequently asked questions regarding wage and hour law. You may also contact the DLSE by phone. If you have an individual wage and hour claim, you should file a complaint with the DLSE.

Contact us

Boxer & Gerson, LLP represents groups of employees in actions against their employer for wage and hour violations. If you believe that there are other employees in addition to yourself who are affected by your employer’s wage and hour practices, please call us at 510-835-8870 or click here to complete our contact form.

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