Eisenberg Law Group
Wage and Hour
Wage and Hour
As an employee, you have the right to be paid the proper amount, on time, and without any deceptive or unfair calculations by your employer. Fortunately, both California and federal law protect employees from employers that fail to pay their employees fully and fairly.
What is a Wage and Hour Case?
Wage and Hour is a broad area of employment law that encompasses all types of claims against employers that do not pay their employees properly. Wage and Hour claims can involve the following:
If you are an employee that has experienced any of the above, please contact our office for a FREE, confidential, no obligation consultation. We will gladly discuss your situation with you to see if you have a case. This will cost you nothing out of pocket and will help you determine how you can protect your rights and your income.
What Law Governs Wage and Hour Cases?
The Fair Labor Standards Act provides the rules and regulations under federal law for employee compensation. The Labor Code and Wage Orders provide the rules and regulations under California law for employee compensation.
Who is Afforded Protection Under Wage and Hour Laws?
Under the federal Fair Labor Standards Act, most employees are afforded protection under this law. There are some important exceptions. Independent contractors, however, are not protected by the Fair Labor Standards Act.
Under the California Labor Code and Wage Orders, most employees are protected. Similarly to federal law, independent contractors are not covered by the wage and hour laws. Interestingly, under California law, the burden is placed on the business to prove that the worker is an independent contractor rather than an employee. Therefore, the business must prove that the individual is an independent contractor and is not entitled to wage and hour protections.
How Do I Know What the Minimum Wage in California is?
The minimum wage is set forth in the California Minimum Wage Order provided by the Industrial Welfare Commission and Department of Industrial Relations.
Beginning January 1, 2020, the minimum wage in California that must be paid by an employer with 26 or more employees is $13.00.
Beginning January 1, 2020, the minimum wage in California that must be paid by an employer with 25 or fewer employees is $12.00.
Moreover, California law requires that every employer keep a copy of the wage order posted in an area frequented by employees where it may be easily read during the work day.
What Records are an Employer Required to Keep and For How Long?
Under federal law, every employer subject to the Fair Labor Standards Act must keep the following records for at least three years:
Under federal law, every employer subject to the Fair Labor Standards Act must keep the following records for at least two years:
Under California law, employers must keep the following records for at least two years:
Under California law, employers must keep the following records for at least three years:
Further, under California law, an employer must provide an employee or former employee copies of his or her payroll records within 21 days after a request, or permit the employee to inspect those records. Failure to comply results in a $750 fine, and the employee may sue to obtain the information and recover costs and fees.
What Information Must My Pay Stub Contain?
The following information must be furnished on the pay stub when wages are paid:
If an employer fails to provide the employee with the required information on the pay stub, the employee can bring a claim against the employer.
What Remedies are Available if My Employer Does Not Pay Me Properly?
Under the federal Fair Labor Standards Act, the employee can recover double the wages owed to him/her if the employer cannot prove that it acted in good faith. Under California law, the employee can receive the wages owed to him/her plus “waiting time” penalties for “willful” withholding of wages.