Lancaster Wage & Hour Attorneys 

Serving Employees Throughout Los Angeles County, the Antelope Valley, and Palmdale/Quartz Hill/Lancaster

Under California and federal law, employees are entitled to basic rights in the workplace, including earning a minimum wage, making overtime pay, being paid on time, taking meal breaks and rest periods, receiving accurate wage statements, and being paid all wages owed when they resign or are terminated. Wage and hour laws exist to protect hourly, salaried, and tipped employees when they are working in California. At Winebrake & Santillo, our Lancaster wage and hour lawyers are committed to fighting for the rights of workers who have been misclassified, not paid fairly for their work or were subject to unfair working conditions. When you call our wage dispute attorneys in Lancaster, you can learn about your options and how we can help.

Schedule a complimentary case consultation with our team today by contacting us online or by telephone at (215) 866-1551. We always respond promptly.

California Wage & Hour Laws for Employees

At Winebrake & Santillo, our Lancaster wage and hour lawyer can help with any legal matter concerning the accommodation of disabilities and reasonable accommodations, as well as wage and hour issues, such as:

• Minimum wage laws
• Overtime pay 
• Meal and rest breaks 
• Misclassification 
• Incomplete wages 
• Tip and gratuity issues 
• Final paycheck laws 
• Commissions

Types of Wage and Hour Violations 

Unpaid Overtime:

• Employers are required to pay employees overtime for any hours worked over 40 hours per week.
• Failure to do so is a common violation, especially in industries where employees frequently work long hours.
• For example, an employee working 50 hours a week should be paid for the additional 10 hours at a rate of 1.5 times their regular hourly wage.

Misclassification of Employees:

• Employers may wrongly classify workers as independent contractors instead of employees.
• This is often done to avoid providing benefits, such as health insurance, overtime pay, and other legal protections.
• Employees misclassified as independent contractors do not receive legal benefits entitled to regular employees under California law.

Off-the-Clock Work:

• Some employers require workers to perform tasks before clocking in or after clocking out, which means they are not paid for those hours.
• This is an illegal practice that denies employees their rightful wages for all the hours worked.

Wage Theft:

• Wage theft occurs when employers unlawfully withhold wages from employees.
• It can include practices like altering wage statements, not paying for all hours worked, or failing to pay employees for commissions or tips they’ve earned.
• This is one of the most common forms of wage and hour violations.

Employee Rights Under California Law

Right to Paid Breaks:

• California law requires employers to provide paid 10-minute rest breaks for every 4 hours worked.
• Employees are also entitled to an unpaid 30-minute meal break if they work more than 5 hours a day.
• Employers who fail to provide these breaks can be held accountable.

Meal and Rest Break Violations:

• Common violations include not allowing workers to take breaks, forcing employees to work through breaks, or not providing proper meal periods.
• If an employer fails to comply, employees may be entitled to compensation for missed breaks.

Right to Accurate Wage Statements:

• Employers must provide wage statements that include information such as hours worked, pay rate, and deductions.
• If these statements are inaccurate or missing, employees may be entitled to compensation for the errors.

How to File a Wage and Hour Claim

Filing a Complaint:

• Employees can file a complaint with the California Labor Commissioner's Office or the U.S. Department of Labor.
• The process involves submitting detailed records of the violation and following up on the case.

Steps to Take if You’ve Been Underpaid:

• Keep records of your hours worked, pay stubs, and any communication with your employer.
• Reach out to an attorney or the appropriate labor agency to seek advice and file a claim.

What to Expect During the Investigation Process:

• After filing, the authorities will investigate the complaint by reviewing records and speaking with involved parties.
• The process may take several months, but employees should expect updates as their case moves forward.

Retaliation and Protection Against Employer Retaliation

Retaliation for Filing a Claim:

• Employees are protected from retaliation if they file a wage and hour claim. This includes being fired, demoted, or treated unfairly.
• Any employer who retaliates against an employee for asserting their rights could face legal consequences.

Whistleblower Protections:

• California law also provides protections for employees who report wage and hour violations or unsafe work conditions.
• These protections ensure that workers can report violations without fear of retaliation from their employer.

By understanding your rights and recognizing violations, employees can ensure they receive fair compensation for their hard work. Legal assistance is available for those facing wage disputes or violations, and employees are encouraged to take action if they believe their rights have been infringed upon.

Frequently Asked Questions (FAQ)

• What should I do if I suspect my employer is not paying me correctly?
  If you believe you’re not being paid correctly, start by reviewing your pay stubs and work hours. Keep a record of any discrepancies. Then, contact your employer to resolve the issue. If the issue persists, you may want to file a wage claim with the California Labor Commissioner's Office or seek legal advice.
• Can my employer retaliate against me if I file a wage and hour claim?
  No, it is illegal for an employer to retaliate against you for filing a wage and hour claim. Retaliation could include firing, demotion, or any form of unfair treatment. If retaliation occurs, you may have additional legal grounds for a separate claim.
• What is the statute of limitations for filing a wage and hour claim in California?
  In California, the statute of limitations for filing a wage and hour claim is generally three years for most violations, such as unpaid wages. However, the time limit can vary depending on the type of claim. It’s important to file as soon as possible to ensure your rights are protected.
• How do I know if I have been misclassified as an independent contractor?
  If you work under the control of an employer (such as being required to work specific hours or following their instructions), but you’re classified as an independent contractor, you may be misclassified. Employees have specific legal protections, including overtime and meal breaks, that independent contractors do not.
• What types of damages can I recover in a wage and hour claim?
  In a successful wage and hour claim, you may be entitled to recover unpaid wages, overtime pay, and meal and rest break violations. In some cases, you may also be awarded interest, penalties, and damages for emotional distress or retaliation.
• How long does it take for a wage and hour claim to be resolved?
  The time it takes to resolve a wage and hour claim can vary. It may take several months for the California Labor Commissioner to investigate, especially if the case is complex. However, with the assistance of an experienced wage and hour attorney, the process may be expedited.
• Can I file a claim if I was paid with cash and didn’t receive a pay stub?
  Yes, you can file a wage and hour claim even if you were paid in cash and didn’t receive a pay stub. However, it may be more challenging to prove the details of the payment without documentation. Keep any other records you may have, such as timesheets or communication with your employer.

Choosing Attorneys That Put You First

While we proudly represent labor unions and membership organizations, we also represent individuals. At Winebrake and Santillo, our goal is to provide sound legal guidance personalized to fit your unique situation, because we believe that everyone should be adequately compensated for his or her hard work and dedication to any employer. Our experienced lawyers are your teammates, and we will work diligently to seek a resolution that protects your rights.

Schedule your free case consultation today! Contact us online or call (215) 866-1551 today to speak with a wage and hour lawyer in Lancaster, CA. We serve clients across all of Lancaster, Palmdale/Quartz Hill, the Antelope Valley, and Los Angeles County.