Orange County Wage and Hour Lawyer

Orange County Wage and Hour Attorney

To protect your time’s worth, it is crucial to ensure your employer is following applicable laws and that you are taking advantage of all your legal protections. If you are an employee in California and have questions regarding your overtime pay or other wage and hour concerns, you should speak with a skilled Orange County wage and hour lawyer.

Wage and Hour Laws

In California, non-exempt (hourly) employees are entitled to one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek.

An employee is entitled to double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. However, not all employees are properly classified as non-exempt and therefore entitled to overtime. Some employers misclassify their employees as exempt (salaried) and fail to provide those employees with any overtime.

Other employers misclassify their employees as independent contractors and also fail to provide those employees with any overtime. At Aitken Campbell Heikaus Weaver, our Orange County Wage and Hour Lawyer assist individuals in determining whether their employer has properly classified them for purposes of overtime and whether they are entitled to overtime compensation under California law.

FAQs

Q: What Is the Law for Overtime Hours in California?

A: The laws for overtime hours in California state there is no limit to the number of hours salaried employees can work, but they must be appropriately compensated with overtime pay for any hours beyond the standard eight in a workday or 40 within a workweek. Depending on the number of hours, overtime pay must be one and a half times or two times the employee’s regular rate of pay.

Q: What Is the Two-Hour Pay Rule in California?

A: The two-hour pay rule in California states that if an employee is scheduled to work but their employer sends them home early, they are entitled to at least half of the shift wages, with a minimum of two hours’ worth of pay. This rule is meant to compensate employees for traveling to work and then being required to leave early. It also incentivizes employers not to take advantage of their employees’ time and paychecks by penalizing them if they do.

Q: What Is the Statute of Limitations for California’s Wage and Hour Law Violations?

A: California’s statute of limitations for wage and hour law violations is three years. This means that any claims employees wish to make against their employers regarding minimum wage disputes, overtime pay, illegal pay deductions, unpaid wages, or anything else regarding pay need to be filed within three years. If you are filing a claim based on an oral promise, the limit is two years, and if your claim is based on a written contract, it is four years.

Q: How Can a Wage and Hour Lawyer Help in CA?

A: A wage and hour lawyer can help you in several ways. If there was a wrongful act committed by your employer, an experienced wage and hour lawyer could help you get the justice you rightfully deserve. A lawyer can gather evidence, review your employer’s conduct, and determine the necessary next steps for your claim. If you believe your employer has been illegally withholding wages or committed wrongful acts against you, speak with a Orange County Wage and Hour attorney for help.

Q: When Should I Speak With a Lawyer During a Wage and Hour Dispute?

A: You should speak with a lawyer as soon as you believe any wage and hour laws are being broken. The sooner you get a lawyer involved, the better your chances of success are. A statute of limitations specifies the amount of time you have to file a claim. As soon as you have reason to believe your employer is not paying you fair wages, you should have a lawyer review your situation. Don’t wait; speak with a Wage and Hour lawyer immediately.

Legal Guidance

At Aitken Campbell Heikaus Weaver, LLP, our legal team has ample experience in helping employees all across California and Orange County with their employment questions. You can lean on our legal team’s over four decades of experience. We handle all kinds of cases, from workplace discrimination to wrongful termination. We can analyze your case and provide the legal solutions you need. Contact us today to speak with a knowledgeable and compassionate member of our team.