Wage and Hour Attorney in California
Need a wage and hour attorney in California? Shaker Law Group defends employees in unpaid wages, overtime disputes, and workplace rights violations.
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- Della Shaker, ESQ - Employment Lawyer
Fight for Every Dollar You Deserve
If you’re looking for trusted legal counsel in California, a wage and hour attorney can help you hold employers accountable and ensure your rights are protected at work. Here’s everything you need to know about wage and hour law in California and when to seek help from an attorney.
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At Shaker Law Group, our skilled employment attorneys specialize in handling wage disputes and securing favorable outcomes for workers across California. Whether you work in San Francisco, Los Angeles, San Jose, or beyond, we proudly serve clients across all major regions.
Wage and Hour Attorney California: Protecting Your Rights as a Worker
Employees in California face a complex landscape of workplace rights and protections under state and federal laws. Yet, many workers remain unaware of the legal help available when employers fail to pay fair wages or comply with hour regulations. Whether you’re dealing with unpaid overtime, wrongful wage deductions, meal and rest break violations, or other wage disputes, understanding your rights is key to claiming what you’re owed.
What Are Wage and Hour Laws?
Wage and hour laws are legal protections put in place to ensure that employees are paid fairly for the work they do. These laws typically cover issues such as:
- Minimum Wage: Employers cannot pay below the state or federal minimum wage, whichever is higher.
- Overtime Pay: Non-exempt employees should receive time-and-a-half pay for hours worked over 40 in a week.
- Overtime Pay: Non-exempt employees should receive time-and-a-half pay for hours worked over 40 in a week.
- Pay for Off-the-Clock Work: Workers cannot be required to perform tasks outside of their paid hours.
- Final Paycheck: Employees must receive their final paycheck promptly after leaving or being terminated from a job.
These rights are protected under both federal law, through the Fair Labor Standards Act (FLSA), and California state laws, which often provide even stronger worker protections.
Your Case Deserves the Best Representation
- Local Expertise With years of experience in Los Angeles and Southern California courts, we understand the nuances of California employment law.
- Tailored Legal Strategies We create personalized approaches for every case, ensuring the best possible outcome for your unique situation.
- Client-Centered Advocacy We believe that every client deserves diligent and empathetic representation. You're not just a case number to us.
- No Win, No Fee Our commitment to you is simple. You only pay if we win your case.
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Frequently Asked Questions
Find answers to your most common legal questions. Shaker Law Group provides clear, expert guidance to help you understand your rights and options.
What Are the Most Common Wage & Hour Issues?
Wage and hour violations are unfortunately not rare and can take many forms. Some of the most common examples include:
1. Failure to Pay Overtime Wages
Many employers attempt to avoid paying overtime by misclassifying employees as exempt (not eligible for overtime) or inaccurately tracking their work hours. If you’re putting in extra hours and not seeing the pay, you may be entitled to legal compensation.
2. Unpaid Wages
Employees are sometimes denied wages for hours worked, whether due to clerical errors, intentional misconduct, or misclassification as independent contractors. If you’re not receiving every dollar you’ve earned, this is a violation of California’s labor laws.
3. Denied Meal and Rest Breaks
California law requires employers to provide a 30-minute unpaid meal break for shifts longer than five hours and a 10-minute paid rest break for every four hours worked. Denying these breaks is not just an oversight; it’s illegal.
4. Off-the-Clock Work Requirements
If your employer asks you to perform tasks without clocking in—for instance, cleaning up after a shift or preparing materials outside your paid hours—that constitutes a labor law violation.
5. Improperly Withheld Final Paychecks
California law mandates that employees who leave their positions must receive their final paycheck within specific time periods, depending on whether they quit or are terminated. An unjustified delay in receiving your final earnings can be grounds for filing a claim.
How Does a Wage and Hour Attorney Help?
Navigating wage and hour violations can be daunting, but a skilled attorney can make all the difference. Here’s how a legal expert can support you:
1. Evaluate Your Situation Carefully
An experienced wage and hour attorney will begin by assessing your case in detail. They’ll review employment records, pay stubs, timecards, and any other critical evidence to determine whether labor laws have been violated.
2. Handle Employer-Facing Communication
Dealing with employers directly can feel intimidating, especially if you’re unsure about your rights. Your attorney will communicate on your behalf, ensuring the conversation is both professional and in line with your best interests.
3. File Wage Claims or Lawsuits
If an employer refuses to settle the issue, your wage and hour attorney can file a formal wage claim with the California Labor Commissioner or take your case to court. They’ll pursue every possible legal avenue to recover lost wages and penalties owed to you.
4. Negotiate Settlements
Most labor disputes are resolved outside of court. A skilled attorney will negotiate effectively to ensure you receive a fair settlement as quickly as possible.
5. Provide Long-Term Guidance
A good wage and hour attorney is more than just a one-time resource. They’ll guide you through understanding your rights so you can protect yourself against unfair treatment in the future.
What to Do If You Suspect a Wage and Hour Violation?
1. Document Everything:
Keep records of your hours worked, paychecks, wage statements, denied meal or rest breaks, and any communications with your employer.2. Report the Violation:
Consider filing a report with California’s Labor Commissioner or starting the process with the help of a lawyer.3. Consult a Wage and Hour Attorney:
An attorney will evaluate your case and guide you on the best legal strategy to recover unpaid wages or penalties. Don’t delay; most wage and hour claims have strict filing deadlines. Acting sooner increases your chances of securing a successful resolution.
When Should I Hire an Employment Attorney
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