San Francisco Employment Law Attorneys Pursuing Wage Claims in the Bay Area and Throughout California
California law provides some of the strongest wage and hour protections for employees in the country. Yet, wage theft and violations are common, leaving workers underpaid and overworked. At Bay Area Employment Law Group LLP, we are committed to helping employees recover the wages they’ve rightfully earned. Whether your employer has denied you overtime, failed to provide meal and rest breaks, or misclassified you as exempt or an independent contractor, we can help.
What Are Wage Claims?
A wage claim arises when an employer violates wage and hour laws, depriving employees of the pay or benefits they are entitled to receive. Common violations include:
- Denying overtime pay.
- Failing to provide meal and rest breaks.
- Misclassifying employees as independent contractors or exempt from overtime.
- Paying below the minimum wage.
- Requiring employees to work off the clock.
Overtime Requirements Under Federal and California Law
California law is particularly employee-friendly, with more stringent requirements than federal law. Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid 1.5 times their regular rate of pay for hours worked over 40 in a workweek. In contrast, California law provides even greater protection. Here in the Golden State, non-exempt employees are entitled to 1.5 times their regular pay for hours worked over eight in a day, as well as over 40 in a workweek. In addition, employees are entitled to double pay for hours worked over 12 in a single day or over eight hours on the seventh consecutive day of a workweek.
Employers often try to avoid paying overtime by misclassifying employees as exempt under managerial, administrative, or professional exemptions. However, these exemptions have strict requirements, and employers cannot apply them indiscriminately.
Meal and Rest Break Violations
California law mandates that employers provide a 30-minute unpaid meal break for employees who work more than five hours in a day. A second 30-minute meal break is required for employees who work more than 10 hours in a day. Further, the law requires a 10-minute paid rest break for every four hours worked or major fraction thereof.
Employers violate these rules by pressuring employees to work through breaks or failing to provide breaks altogether. Failing to pay a premium wage (one additional hour of pay at the employee’s regular rate) for missed breaks is another employee right frequently violated by employers, whether intentionally or negligently.
These violations may not be immediately obvious to employees, particularly if the workplace culture discourages taking breaks. Knowing your rights and talking to an employment lawyer when you have concerns are critical steps to making sure you get the pay and benefits you are entitled to under the law.
Misclassification of Employees
Misclassification is a widespread issue where employers label employees as independent contractors or exempt to avoid paying overtime, providing benefits, or following California labor laws.
- Independent contractors: Under California’s ABC test mandated by the California Supreme Court in the landmark Dynamex case, most workers are presumed employees unless the employer proves the worker is free from control, performs work outside the usual course of the employer’s business, and operates an independently established trade or business.
- Exempt employees: The FLSA allows employers to exempt professional, executive and administrative employees from overtime. To classify an employee as exempt, the employer must meet specific salary thresholds and demonstrate the worker performs primarily exempt duties. Misapplication of exemptions is a common tactic to avoid overtime obligations.
Statute of Limitations for Wage Claims
Wage theft often goes unnoticed for years, particularly in industries where these practices are widespread. Unfortunately, California law limits how far back employees can recover lost wages. The limit for recovering lost wages in California is three years under most California wage and hour laws. If the claim is brought under California’s Unfair Competition Law, a four-year statute of limitations applies. Employees should act quickly to ensure they can recover all the wages they are owed, or at least as much as possible.
How Wage Claims Are Resolved
Employees can pursue wage claims through the California Labor Commissioner’s Office (DLSE) or file a lawsuit in civil court. At Bay Area Employment Law Group LLP, we help by investigating your claim to determine how your employer violated wage and hour laws. We’ll collect evidence such as time records, pay stubs, and witness testimony, and we’ll represent you in negotiations, administrative hearings, or court proceedings.
Compensation for wage violations can include, for instance, unpaid wages, including overtime, meal and rest break premiums, and interest and penalties. Attorneys’ fees and court costs can be recovered from the opposing party so it doesn’t cost you anything for pursuing a successful claim. In some cases, employers may face additional penalties for willful violations as well.
Take Action to Recover Your Wages
Wage theft is not just unfair—it’s illegal. If you believe your employer has denied you the pay or breaks you deserve, Bay Area Employment Law Group LLP is here to help. With extensive experience in California labor law, we fight to ensure employees are fairly compensated for their hard work. Call 510-295-0090 or fill out our online contact form to schedule a consultation today.
Bay Area Employment Law Group LLP—Advocating for Workers’ Rights Across the Bay Area and California.
