San Ramon Unpaid Wage and Overtime Attorneys
San Ramon Unpaid Wage and Overtime Lawyers Fighting Wage Theft on Behalf of Workers
You deserve to be paid in full and on time for all the hours you work. When an employer refuses to pay you fairly, it can often feel like there is nothing you can do. However, federal and California labor laws provide San Ramon employees with important protections from wage and hour violations. With a skilled attorney on your side, you can recover the unpaid wages you are owed.
At Erlich Law Firm, we represent workers in all types of wage and hour disputes. Employment lawyer Jason Erlich has over 20 years of experience helping employees in cases that involve minimum wage violations, unpaid overtime, worker misclassification, withheld commissions, unlawful tipping practices, and other matters. We are dedicated to safeguarding workers’ rights and holding employers accountable.
Common Types of Wage and Hour Violations in San Ramon
San Ramon is home to a wide range of employers, including Chevron, Robert Half International, San Ramon Regional Medical Center, 24-Hour Fitness, Accela, various retailers, and more. Under California law, all San Ramon hourly and salaried workers must be paid properly for all the work they perform for an employer. Along with regular wages, the pay should include any earned overtime, commissions, tips, and bonuses.
In 2021, California workers filed almost 19,000 claims for unpaid wages. The healthcare industry accounted for the highest number of wage theft claims that year, at 12.9 percent. The other top two industries with unpaid wages were retail at 11.3 percent and hotels and restaurants at just over 10 percent.
While wage theft is more prevalent in certain industries, it can occur in any workplace. Wage theft is a term that describes many different types of wage and hour violations that can occur in an employee-employer relationship, including the following:
- Paying workers below minimum wage
- Miscalculating overtime pay
- Failing to compensate employees for off-the-clock work
- Manipulating timeclocks or paystubs
- Denying commissions to salespeople
- Refusing to pay final wages to an employee who has quit or been terminated
- Misclassifying workers as independent contractors instead of employees
- Illegally deducting money from an employee’s paycheck
- Forcing employees to work through meal periods or rest breaks
- Confiscating tips earned by workers
If you have experienced any of the above wage violations or similar unlawful treatment, you can file a claim for unpaid wages with the Labor Commissioner. You may also be able to recover your owed wages through a lawsuit in court.
In some cases, it may be possible to file a class action lawsuit if a group of employees has suffered the same or similar types of wage and hour violations. Erlich Law Firm can guide you on various legal options available to resolve your wage dispute efficiently.
Overtime Laws in California and How They Apply to Your San Ramon Job
The California Labor Code and the federal Fair Labor Standards Act (FLSA) ensure that workers receive full and fair wages. These laws also protect employees by setting out specific guidelines for meal periods and rest breaks, along with establishing minimum wage and recordkeeping requirements.
Additionally, other important considerations in wage and hour matters include whether a worker has been classified as exempt or non-exempt and the contractual agreement between the employer and employee. The distinctions between exempt and non-exempt workers may not always be clear. Some employers misclassify workers to skirt the rules around the payment of overtime wages and benefits.
However, California has strict exemption criteria. Employers must accurately track and record employee work hours to ensure proper payment of overtime.
Overtime pay is calculated based on the number of hours an employee works beyond the established maximum for a regular workweek. The state has specific rules for overtime, which differ from federal regulations under the FLSA.
For hours worked beyond the regular 40-hour workweek, San Ramon employees are entitled to receive overtime pay at 1.5 times their regular hourly rate. In addition to weekly overtime, California has daily overtime rules. Most non-exempt employees who work more than 8 hours in a workday are entitled to receive overtime at 1.5 times their regular hourly rate.
Certain industries and occupations have specific double overtime rules. For such employees, if they work more than 12 hours in a workday, they are entitled to receive double their regular hourly rate for those additional hours.
Retaliating Against San Ramon Workers is Unlawful
It is illegal for a San Ramon employer to retaliate against a worker who asks to be paid or complains about unpaid wages. Filing a wage claim regarding unpaid wages, overtime violations, missed meal or rest breaks, or other types of wage and hour violations is considered a legally protected activity in California.
Retaliation involves an employer taking adverse action against a worker for exercising their rights. Retaliation can take many forms, such as demoting an employee or firing them for speaking up about unpaid overtime. Employers who engage in retaliation can face significant penalties. If you suspect your employer has retaliated against you, speak to a San Ramon employment lawyer right away.
Contact an Experienced San Ramon Unpaid Wage and Overtime Attorney
When you are being subjected to wage theft and your livelihood is on the line, it can be difficult to know what to do. If your employer is not paying you the wages you are owed, reach out to Erlich Law Firm immediately. Tell us what happened, and we will advise you of your rights and legal options. Attorney Jason Erlich is dedicated to helping workers who have been wronged by their employers. Schedule a free consultation to discuss your situation with an experienced and compassionate San Ramon unpaid wage and overtime lawyer.
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When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.