Unpaid Wages and Overtime

Given the complex and demanding nature of California’s wage and hour laws, wage and hour litigation – including class actions – have become common in California state and federal courts. Simply put, you work hard for your money, and you deserve to be properly compensated under California law.

As of January 1, 2019, the minimum wage for California employees is $12.00 per hour for those employers with 26 or more employees (with additional annual increases scheduled); however, Industrial Welfare Commission Wage Orders applicable to certain positions/professions, as well as other statutes, may impose a higher minimum wage. For example, mechanics required to supply and maintain their own tools may be entitled to double the standard minimum wage.

In general, employers are required to pay additional compensation to non-exempt employees who work more than eight hours in a day or forty hours in a given week. For every hour worked over eight in a day or forty hours in any given workweek, the employee must be paid at least one and one-half times his/her ordinary hourly rate. For every hour worked over twelve hours in a given day, the employee must be paid double his/her ordinary hourly rate.

It is a common misconception that, if you are a salaried employee, your employer is not required to pay overtime wages to you. On the contrary, courts will apply a variety of factors concerning your job duties and responsibilities in determining whether you are entitled to overtime compensation. Whether you are a salaried employee and the job title that your employer has assigned to you will have little bearing on the determination. Should you be entitled to overtime compensation, your employer cannot force you to waive your statutory right to overtime compensation, and your employer cannot unlawfully alter or manipulate time cards to deny you the overtime compensation to which you are entitled.

You may also possess an unpaid wage claim if you are forced to work “off the clock” or are not compensated for work-related travel. “Off the clock” issues arise, for example, when employees are required to report for work a certain period of time before being allowed to clock in or are required to clock out prior to the completion of their duties. These situations frequently arise in situations where employees are required to change into protective gear prior to clocking in, to change out of such protective gear after clocking out or to “balance” their register after clocking out for the day.

In many instances, although the claim or damages suffered by an individual employee may be relatively small, the claims often will be pursued as a class action or a representative suit on behalf of all employees who have who suffered similar injuries or who have been subjected to the same violations of California law. Because these matters typically are handled on a contingency basis, there is no fee unless and until you are compensated.

While violations of the California Labor Code may be apparent to those well-versed in this complex area of law, the violations may go unrecognized by an attorney who does not devote a substantial portion of his/her practice to wage and hours issues. As such, it is critical that you retain an attorney with the essential knowledge, experience and skill necessary to evaluate all potential violations in this complicated area of law.

The Law Offices of Craig Hubble and the attorneys with whom we work on these matters have successfully pursued a multitude of cases involving claims of unpaid minimum wages, unpaid overtime wages and “off the clock” issues, including the pursuit of a numerous of class action lawsuits, representative actions and individual lawsuits, and we have been approved as class counsel in several California cases.

Our experience, tenacity and skill have helped us thrive in this complex area of law. We employ a hands-on, dedicated approach to every matter, and we believe that it is vital that you get the personal attention and tireless, high quality representation that you genuinely deserve. We are committed to protecting your rights and obtaining the best results for you and your co-workers. While we are based in the Los Angeles area, our practice extends to state and federal courts throughout California.

If you or a loved one believes that your employer has failed to pay all of your applicable minimum wages and/or overtime wages, contact us today for a free consultation as to your rights and potential remedies.