CALIFORNIA WAGE AND HOUR LAWSUITS
California residents: Has your employer treated you unfairly through inadequate pay or work conditions? If so, you need to contact one of our experienced California wage and hour attorneys immediately.
California employers neglect to pay hard-working employees upwards of hundreds of millions of dollars each year in unpaid wages. Loyal employees like yourself may be afraid of speaking up about mistreatment, fearing getting fired or criticized by your boss. However, California wage and hour laws may protect you and entitle you to receive the pay and compensation you rightly deserve.
Our lawyers are experienced in handling even the most complicated wage and hour cases, so do not hesitate to reach out to AVA Law Group to see if you are eligible to file a claim.
CALIFORNIA WAGE AND HOUR LAWS
EMPLOYERS CANNOT RETALIATE FOR LAWSUIT
According to California employment laws, employers CANNOT retaliate against you for bringing a wage and hour lawsuit before them or complaining about their violations. Also, if your employer fires you for asserting your rights under California wage and hour laws, it is considered “wrongful termination”, giving you additional cause to sue.
Other forbidden forms of retaliation include employers making working conditions so miserable that you have no choice but to resign or being disciplined for unfounded claims. You have additional cause of action against your employer if they do retaliate.
TIME LIMITS FOR CALIFORNIA WAGE AND HOUR LAWSUITS
Like many civil lawsuits, California wage and hour lawsuits have a time limit or statute of limitations for when employees can sue negligent employers. According to California’s statute of limitations, employees have three years from the date when the most recent violation has occurred to bring a suit against their employer.
Even if you think the statute of limitations may have run out for your case, contacting an experienced wage and hour attorney is important to determine your legal rights. With your livelihood on the line, waiting too long to seek legal assistance could mean the difference between being compensated for your loss or never recovering your lost wages.
Our legal representatives at AVA Law Group are available 24/7 to evaluate whether your case is still eligible to seek compensation, so call us today to see if you could file a wage/hour lawsuit against your employer.
Claims for Filing a California Wage and Hour Lawsuit
Clients who usually have viable cases against their employers file claims for the following:
- Misclassifying Employees
- This can come in the form of employers misclassifying employees as “exempt employees” or “independent contractors.” Employers usually do this to avoid paying overtime or providing required breaks.
- Failure to abide by overtime laws mandated by the state
- Not providing mandatory meal or rest breaks
- Sometimes employers require employees to work during their breaks, too.
- Violating California minimum wage laws
California Non-Exempt Employee Rights
Your rights as a non-exempt employee under California Wage/ Hour Laws include:
- Minimum wage
- The current minimum wage for all California
employees except independent contractors as of January 1, 2019 is the
- $11.00/hr for employers with 25 or fewer employees
- $12.00/hr for employers with 26 or more employees
- The current minimum wage for all California employees except independent contractors as of January 1, 2019 is the following:
- Overtime (only non-exempt employees)
- Non-exempt employees can receive “time and a half” overtime for any work exceeding eight hours in one workday, 40 hours in one workweek, or overtime for the first eight hours of work that they do on the seventh day of a workweek.
- Employers must pay employees “double time” overtime for any work over 12 hours in one workday or any work over 8 hours on the seventh day of a workweek. “Double time” overtime means twice the employee’s regular rate of pay.
- Meal and rest breaks
- Generally, California non-exempt employees who work over five hours in a standard workday must be given at least a 30-minute meal break. This meal break may be waived by the employee if they will not work over six hours in the workday.
- Employees who work more than 10 hours in a day are required to receive another 30-minute meal break. This break can be waived by the employee if they didn’t waive the first meal break and will work no more than 12 hours in the standard workday.
- For non-exempt employees, California state law mandates for employers to provide a minimum 10-minute rest period for each four hours, or fraction thereof, that the employee works.
- During rest periods, the employer cannot mandate for the employee to perform work duties or be “on call.”
California Wage and Hour Lawsuit Representation
At AVA Law Group, our experienced team of lawyers possess the successful track records, know-how, and empathy to make sure you receive the legal assistance you deserve.
By filing a California wage and hour lawsuit with our firm, you could be awarded damages to help ease the burden that your employer’s negligence caused. Not only could you recover lost wages, but you could be awarded damages for the financial pain and suffering your employer caused in your life.
If you or a loved one was victimized by an employer in California through negligent pay or work conditions, you may be entitled to compensation for your hardship. The legal team at AVA Law Group wants to partner with you during this difficult time so you can focus on recovery, not the hassle of cutting through red tape.
Our representatives make sure to check in with you throughout the process of filing your California wage and hour lawsuit, so you remain in control and don’t feel lost within the process. We are here to help and support your voice during this time, so contact AVA Law Group, Inc. today to fill out your free, no obligation case evaluation.