If you have a wage and hour dispute, a labor lawyer can help. Contact an attorney at our San Diego firm to discuss the details of your claim.
The laws governing compensation for employee labor are complex, and many employees are not aware that some of the benefits owed to them are being unlawfully withheld. State and federal labor laws mandate that employees receive appropriate compensation for all work they perform and that they be provided with applicable meal and rest breaks. When wage and hour disputes arise, an experienced labor attorney is crucial to your claim's success. A lawyer with our San Diego firm can help you obtain the compensation you deserve. At Employment Mediation and Litigation Services, A.P.C., serving all of Southern California, our attorneys have the knowledge and skill to represent your case effectively and ensure that your rights are protected.
One of the main functions of the California Labor Code and the federal Fair Labor Standards Act (FLSA) is to protect employees from being forced to work more hours without additional compensation. For the most part, both hourly and salaried employees' rates of pay are calculated based on a 40-hour work week consisting of 8-hour days. Except where overtime exemptions exist, employees are entitled to overtime compensation when their hours worked exceed this basic standard. A common misconception is that salaried employees are not entitled to overtime pay. However, according to California labor laws, a salary is a compensatory figure based on the weekly and hourly standard, and employees who work longer may be entitled to compensation in addition to their salaries, depending on their work duties.
Some employees are legally exempt from overtime laws and do not receive overtime pay. However, the qualifications for exempt status are complicated, and some employers misclassify employees as exempt when they do not, in fact, fit the legal requirements. The major forms of labor that have exemptions are:
A labor lawyer at Employment Mediation and Litigation Services, A.P.C., in San Diego can help you accurately determine your exemption status. If you have been misclassified, we can assist you in obtaining the compensation you deserve.
Employees who have been reclassified from exempt to nonexempt status may be entitled to back pay for overtime hours that they have worked. In these cases, compensation can be retroactive through the four years set out in the statute of limitations described in California’s labor laws.
By law, hourly employees working shifts of at least five hours are entitled to an unpaid 30-minute meal period. During this time, employees are relieved of all duties and are allowed to leave the premises. If an employer is negligent in providing an appropriate meal period, an employee is entitled to a regular hour's wages for each day a meal period was not provided. Additionally, hourly employees must be given 10 minute rest periods for every four hours worked. If you believe your employer to be in violation of labor codes pertaining to meal and rest periods, a labor attorney with our San Diego firm can review the details of your claim and help you determine whether you have a case.
In cases involving labor code violations by large corporations, employees' individual suits may be combined into a class action representing all claimants. Consult a labor lawyer at Employment Mediation and Litigation Services, A.P.C., in San Diego to determine whether your claim is appropriate for class action filing.
A labor attorney with our San Diego firm can assist employees in obtaining compensation for other violations of California labor laws, including:
As an employee, you are entitled to receive full compensation for your labor. If you believe that you have not received pay or benefits legally owed to you, you need to consult with an experienced labor lawyer regarding your rights. An attorney with our San Diego firm has the knowledge and skill necessary to resolve your claim successfully and help you recover unpaid wages. Contact Employment Mediation and Litigation Services, A.P.C., to schedule a consultation with one of our premier labor attorneys.