Experienced Attorneys Enforcing Wage And Hour Laws In California

Under California wage and hour laws, nonexempt workers have many rights, including the right to be paid a minimum wage, the right to overtime pay, the right to daily meal and rest breaks, and the right to immediate payment of all wages due and owing at the termination of employment.

We are knowledgeable in both state and federal employment law. Just as important, we fight for the rights of the people we serve. Our experienced wage and hour dispute attorneys are aggressive trial lawyers. We have what it takes to get results quickly.

At Shanberg Stafford LLP, we represent workers in wage and hour disputes and other employment law matters, including:

• Minimum wage disputes
• Overtime pay disputes
• Unpaid wages
• Unpaid meal and rest breaks
• Unpaid vacation
• Unequal pay
• Harassment and discrimination
• Waiting time penalties
• Employee misclassification
• Child labor law violations

Our wage and hour lawyers have investigated employment law violations affecting nurses. If you are a nurse and your wage and hour rights have been violated, contact us immediately. Nurses and other on-call employees may be owed significant compensation for their employer’s failure to provide legally compliant rest and meal breaks and other protections provided under the law.

Piece-Rate Regulations

Piece-rate or piecework is defined as work paid for according to a set rate per unit. Under a piece-rate compensation plan, nonexempt employees are paid a fixed amount on the basis of the tasks completed or the number of units produced, regardless of the time spent.

Under California law, workers paid by the piece must earn at least the state minimum wage for every hour worked. Additionally, where nonexempt employees are purportedly paid by the piece, the employer must separately compensate employees for all hours spent performing nonpiece-rate work. This includes compensation for pre- and post-shift duties as well as for waiting time between tasks. Furthermore, an employer must separately compensate a piece-rate worker for all legally required rest breaks and provide overtime compensation, as applicable.

Employers expose themselves to significant liability when they fail to properly compensate their piece-rate employees. At Shanberg Stafford LLP, we have successfully pursued claims on behalf of piece-rate employees who were not properly compensated for all hours worked. Contact us if you believe that you have a piece-rate claim against your employer.

Labor Code Violations

If an employer fails to pay required overtime, it can be held liable for unpaid overtime, penalties and attorney’s fees. In cases where an employer clearly ignored or attempted to circumvent overtime pay requirements, an employee may be awarded overtime pay going back as far as four years, as well as waiting time penalties under the California Labor Code. Employers cannot attempt to settle wage and hour claims for less than the undisputed amount of what an employee is owed – even if an employee signs an agreement that is intended to nullify the right of the worker to seek additional damages.

Do I Have A Wage And Hour Claims Case?

If you’re unsure whether you have a legal basis for pursuing a wage and hour case, ask yourself the following:

• Have you been denied overtime pay?
• Have you been deprived of proper daily meals and rest breaks?
• Are you waiting for your final paycheck after being laid off?
• Have you been denied minimum wage for all hours of work?

Under California wage and hour laws, nonexempt workers have many rights, including the right to be paid a minimum wage, the right to overtime pay, the right to daily meal and rest breaks, and the right to immediate payment of all wages due and owing at the termination of employment.

We are knowledgeable in both state and federal employment law. Just as important, we fight for the rights of the people we serve. Our experienced attorneys are aggressive trial lawyers. We have what it takes to get results quickly.

At Shanberg Stafford LLP, we represent workers in wage and hour disputes and other employment law matters, including:

• Minimum wage disputes
• Overtime pay disputes
• Unpaid wages
• Unpaid meal and rest breaks
• Unpaid vacation
• Unequal pay
• Harassment and discrimination
• Waiting time penalties
• Employee misclassification
• Child labor law violations

Calculating Your Overtime And Regular Rate Of Pay

Many workers mistakenly believe their “regular rate of pay” is just their base hourly wage. However, the law requires employers to include other compensation when calculating this rate. Common errors include:

• Using only your base hourly rate instead of the full regular rate for overtime calculations
• Failing to include nondiscretionary bonuses or commissions in the regular rate
• Miscalculating overtime for piece-rate workers who are still entitled to it
• Ignoring California’s daily overtime rules and only paying for weekly overtime

Your regular rate must include your hourly pay as well as nondiscretionary bonuses, commissions, piece-rate earnings and certain other payments. This calculation is crucial because a simple mistake by your employer can lead to significant unpaid wages. One of our attorneys from Shanberg Stafford LLP, can review the calculations with you and walk you through your options for recovery if there are violations.

Evidence To Keep For Unpaid Wages Or Missed Breaks

If you suspect your employer is denying you breaks or forcing you to work off-the-clock, start keeping your own detailed records immediately. Make sure to keep these in a safe, personal location. The more documentation you have, the stronger your potential claim. It is crucial to create a clear picture of the hours you actually worked versus the hours you were paid for. We recommend gathering:

• All pay stubs and timecards, or screenshots of your time entries
• Copies of posted work schedules and any last-minute changes
• Emails, text messages or app messages from managers directing you to work before clocking in or after clocking out
• A personal log of your daily start times, stop times and any meal or rest breaks you missed or had cut short
• Names of supervisors or co-workers who witnessed these violations
• Any logs that show your activity, such as delivery summaries, GPS reports, patient assignment sheets or production counts

When collecting this information, be careful not to take proprietary company data or violate client privacy rules. Our lawyers will help you use this evidence to build your case.

Filing An Individual Claim Vs. A Group Action

You have several options when it comes to taking legal action for wage and hour violations. You can:

• File a private lawsuit in court to recover your unpaid wages, penalties and attorney’s fees
• File a claim with the appropriate government agency in your state
• Join a class action lawsuit, where one or more employees represent a larger group (a “class”) of workers who suffered the same violation from the same employer

These options depend on your specific situation, the number of employees affected and any agreements you signed, such as an arbitration agreement. It also depends on the jurisdiction your case falls under. Our lawyers can assess your situation and advise on the strategy that aligns with your goals.

Recovering Damages And Penalties For Wage Violations

A successful wage and hour claim can include several types of compensation. Our lawyers work to identify every violation to build a strong claim for your potential recovery, which may include:

• The full amount of minimum wage or overtime pay denied to you
• One hour of pay for each workday you were denied a meal break and a separate one hour of pay for each workday you are denied a rest break, up to a maximum of two hours of premium pay per day
• Up to 30 days of your average daily wage if your employer willfully failed to pay all final wages on time
• Penalties for inaccurate or incomplete pay stubs
• An amount equal to your unpaid minimum wages, essentially doubling that portion of your recovery in many cases
• Money for business-related expenses, such as gas or cell phone use, that your employer should have paid.
• Your legal fees and court costs, in certain cases

These recoveries can also apply if your employer misclassified you as an independent contractor or an exempt (salaried) employee when you should have been paid hourly. Our attorneys will analyze your financial documentation to quantify the full value of your claim.

The Power Of The California Private Attorneys General Act (PAGA)

California’s Labor and Workforce Development Agency (LWDA) has the authority to impose and collect civil penalties from employers that violate specified Labor Code provisions. Because the LWDA cannot investigate and prosecute every violation, the Legislature enacted the Private Attorneys General Act (PAGA). This allows aggrieved employees to file private actions against their employers in state court, thereby expanding enforcement and encouraging employer compliance.

PAGA accomplishes two things:

• First, it provides a civil penalty for certain Labor Code violations for which no civil penalty had otherwise been established previously.
• Second, it permits any aggrieved employee to bring a civil action to collect civil penalties for Labor Code violations that were previously only available to the LWDA.

PAGA is not the only remedy available. It does not restrict an employee’s ability to seek or recover other relief under state or federal law. In other words, you may bring a PAGA claim while simultaneously pursuing claims under other Labor Code provisions.

At Shanberg Stafford LLP, we have pursued numerous cases under the PAGA and have successfully obtained substantial civil penalties on behalf of our clients and aggrieved employees. We have also represented employers in the successful defense of alleged PAGA violations.

Exposing Misclassification

Under California labor law, the presumption is that an employee is entitled to overtime unless they fall under one of the multiple exemptions adopted in California. These exemptions include:

• The inside sales exemption
• The outside sales exemption
• Exemptions for executive, professional and administrative employees

The criteria for exemption categories can differ by industry and by the type of work a business performs. California’s Industrial Welfare Commission has issued wage orders that set detailed rules for wages, hours and working conditions across various industries. Employers expose themselves to significant liability when they fail to carefully consider how employees are classified.

In recent years, this area has seen extensive litigation, resulting in significant settlements and verdicts against employers. As certain high-profile, multimillion-dollar lawsuits indicate, the consequences of misclassifying employees can be significant. Employers should take a proactive approach and work with experienced attorneys familiar with the wage orders and the overtime provisions of the Labor Code, including sections 510 and 1194.

Defining Child Labor Law Violations

Minors under the age of 18 must be paid at least the minimum wage and applicable overtime rates established by the California Industrial Welfare Commission. Employers who are subject to the federal Fair Labor Standards Act (and most are) must pay the applicable federal minimum wage and overtime rates. Whenever state and federal wage standards differ, the higher wage must be paid.

Fast food restaurants and/or local retailers who employ high school students often encounter problems when they fail to follow restrictions on when students can work. California law maintains strict requirements regarding when minors can work for their employer. In the event the employer fails to comply with these strict time requirements, the employer can be subjected to thousands of dollars of civil penalties per violation.

At Shanberg Stafford LLP, we have successfully pursued claims on behalf of minors whose employers required them to work in violation of the above referenced times and hours. Contact us if you believe your employer, or your child’s employer, is violating these Labor Code provisions.

Contact Us To Get Started On Your Case

Do you have questions about whether you should be paid overtime compensation? If so, your employer may be obligated not only to pay you overtime compensation as well as waiting time penalties. Please call Shanberg Stafford LLP, at 866-902-0497 or contact us by email to talk to an attorney thoroughly experienced in employment law. From our office in Newport Beach, we represent clients in California, Washington, Colorado and across the country.