Wage And Hour Claims

In the past few years, the California Legislature has passed numerous “employee-friendly” employment laws. California courts have also interpreted workplace issues in favor of employees. Many of the new laws and court decisions have centered on wage and hour violations. Further, wage and hour claims often provide substantial financial compensation for employees because of the length of time the violations have been going on. Claims can be filed and redressed up to four years from the date of violations under California law. In addition, claims may be filed in court as a Class Action or PAGA case, thereby providing damages for employees across the workforce.

The attorneys at Sargoy Law, APC, have extensive experience in handling wage and hour claims for both plaintiffs and defendants. Our extensive knowledge of California employment laws lets us defend the best interests of our clients,

Common Wage And Hour Violations

Wage and hour claims include, but are not limited to, the following:

Unpaid Overtime:  Unpaid overtime is a common and serious wage and hour violation that may cause significant problems for employers and significant financial damages for employees. When unpaid overtime is substantial, it is often called Wage Theft. California law requires any time worked between 8 and 12 hours in a single day to be compensated at the rate of one and one-half (1 ½) times the employee’s regular hourly rate of pay and double (2 times) the hourly for work more than 12 hours. Thus, California’s overtime laws are different from many other states, and provide greater financial compensation to employees and greater financial exposure to employers for violations. Sargoy Law, APC, has obtained hundreds of thousands of dollars in unpaid overtime for California employees.

Misclassification of Employees as Independent Contractors:  Everyone likes to be his or her own boss. However, employers, either intentionally or unintentionally, misclassify employees as independent contractors instead of employees. Although the distinction sounds favorable, it often is not. Workers may work long hours without receiving overtime, without receiving work-free meal or rest breaks, and even receiving less than the California state minimum wage. Furthermore, statutory penalties provide additional financial compensation for misclassification violations.

Class Action and Private Attorneys General Actions (PAGA):  Wage and Hour Claims are often brought as Class Action or PAGA cases. Sargoy Law, APC, has advised both employees and employers regarding employer/employee rights and provided legal representation for these claims.

Meal and Rest Break Violations:  Hourly paid, non-exempt employees in California are entitled to at least a 30-minute work-free meal (lunch) break and a 10-minute work-free rest break for every four hours worked. Failing to provide either may result in substantial financial compensation for employees.

Reimbursement of Business-Related Expenses:  California law requires employers to pay all business-related expenses. An employer cannot shift any business-related costs to employees. Does your employer call you on your cell phone? If so, your employer must either provide and pay for the cell phone or reimburse you for using your own phone. Under the law, you must be reimbursed. Additionally, employer cell phone calls often occur before or after work hours, thereby requiring payment of overtime, or occur during meal or rest breaks, causing violation of these state-mandated breaks and financial penalties against employers.

Defend Your Best Interests With Our Team At Your Side

Even a seemingly small infraction or violation may lead to thousands of dollars in damages. The sooner you reach out to us, the sooner we can help resolve your wage and hour dispute. We understand the complexity of wage and hour issues. Call our Los Angeles office at 310-208-1003 or email us here and take the first step in securing the representation you need.