California Employment Lawyers
CALIFORNIA WAGE AND HOUR LAW
Wage and hour claims arise when employers fail to pay employees for all hours worked. These can include claims that the employer forces employees to work without mandated breaks, without meal periods, and/or "off the clock."
“Off the clock” may mean that an employee is being forced to work without being “clocked in” to an electronic or computerized time keeping system, or that a timecard does not accurately reflect the hours that the employee worked.
The California Labor Code sets forth standards concerning payment of wages, overtime, maximum hours, vacation pay, enforcement procedures and record-keeping requirements.
The Industrial Welfare Commission (IWC) issues wage orders that regulate wages, overtime pay, rest and meal periods and other labor conditions, including safety, health and welfare. Wage Orders are specific to particular industries and occupations. These regulations can be found in Title 8 of the California Code of Regulations (CCR) Sections 11000-11150.
The Fair Labor Standards Act (FLSA) became federal law in 1938 and, since then, has been the primary source of federal wage and hour law. The FLSA sets nationwide standards for maximum hours, overtime pay, minimum wages, equal pay and record-keeping. The FLSA created the first national minimum wage and guaranteed overtime pay of at least one and a half times the regular rate of pay for all hours over 40 in a workweek.
It is illegal for your employer to discriminate or retaliate against you for inquiring about your employment rights or safety concerns. Retaliation can mean the threat of or actual termination, demotion, suspension, or harassment.
Other Areas of California Employment Law:
California Breaks and Meal Periods
Itemized Statements and Paystubs
Girard Gibbs LLP is a law firm based in San Francisco, California. Our employment lawyers are highly knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. If you believe you are owed overtime pay, have not been compensated for “off the clock time,” meal and break time, or that your employee rights have otherwise been violated, please fill out the form below or call us toll free at (866) 981-4800 for a consultation without charge.
Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.