The Fair Labor Standards Act, the California Labor Code and Wage Orders govern workplace wage and hour standards for employees in California. California wage and hour laws protect all employees, regardless of immigration status, but not independent contractors nor interns. However, an independent contractor may pursue a wage and hour claim if he or she believes his or her employment status was misclassified. California wage and hour violations include the failure to get minimum wage, overtime pay, required meal or rest periods, vacation pay upon termination, promised wages, bonuses or commissions, paid for all hours worked, expenses reimbursed and/or prevailing wages.
California has more protective labor laws for the employee than the federal laws do. Per the Fair Labor Standards Act, the federal minimum wage is currently $7.25 per hour. As of January 1, 2020, the state minimum wage in California is $12.00 per hour for employers with twenty-five (25) or less employees or $13.00 per hour for employers with twenty-six (26) or more employees. In California, an employee would be entitled to the higher California minimum wage.
The Statute of Limitations to pursue a wage and hour claim is within three (3) years of the violation of the minimum wage, overtime, unpaid rest and meal breaks, sick leave, illegal deductions from pay and/or unpaid reimbursements. If you are thinking about filing a claim, we recommend you save any and all paystubs, earning statements, work schedules, wage rate tables, order, shipping, billing records, records of additions to or deductions from wages, and any records of past complaints against your employer. Additionally, it is useful to obtain sworn declarations from co-workers who have witnessed the labor law violation in the workplace. Please bring all necessary materials in for a thorough consultation and we will evaluate the viability of your claim and discuss how to move forward.
We have the expertise and resources to fight for your rights in the workplace and help you recover everything you have earned and more.