Wage and Hour Laws

California Wage and Hour Laws


AVA Law Group, Inc. is dedicated to supporting California employees who have been victimized by their employees through inadequate pay and unfair conditions. We will help you seek justice and compensation for your suffering!

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California Wage and Hour Lawsuits 

We see it all the time---hardworking and loyal employees going the extra mile for their employers. They dedicate additional time and labor to appease their boss. However, cases happen where employers fail to give that same courtesy and compensation to their employees. Employers subtly skimp on pay for overtime, ask you to work through your lunch or rest break, or deliberately mislabel you as “exempt employees”. These minutes and infractions may seem insignificant at the time, but it all adds up!

Studies show that California employers neglect to pay dedicated workers in upwards of hundreds of millions of dollars each year in unpaid wages. Loyal employees become afraid to speak up about the gross mistreatment, fearing getting fired or unjustly reprimanded. However, we are here to tell you that there are laws in place that protect you and entitle you to receive the pay you rightly deserve.

Employers Cannot Retaliate Against You

According to California employment laws, employers CANNOT retaliate against you for bringing a wage and hour lawsuit before them or complaining about the wage/hour violations. If your employer fires you for asserting your rights under California wage/hour laws, it is considered “wrongful termination”.

Other forms of retaliation, such as making working conditions so miserable that you have no choice but to resign or being disciplined for unfounded claims, are forbidden by law, as well. You have additional cause of action against your employer if they do retaliate.

California Wage and Hour Laws

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
To skirt paying employees for overtime work, employers may encourage or require workers to “work off the clock.”
Not providing mandatory meal or rest breaks
Sometimes employers require employees to work during their breaks, too.
Violating California minimum wage laws
This becomes more common as the minimum wage increases year after year.

California Wage and Hour Laws Apply to All Non-Exempt Employees in California! 

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 following:

- $11.00/hr for employers with 25 or fewer employees

- $12.00/hr for employers with 26 or more employees
Overtime (only non-exempt employees)
- Non-exempt employees can receive “time and a half” overtime for any work in excess of 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 in excess of 12 hours in one workday or any work in excess of 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 work day.

- 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 work day.

- 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. Employees who work shifts less than three-and-a-half hours long are not entitled to a rest break.

- During rest periods, the employer cannot mandate for the employee to perform work duties or be “on call.”

Why Act Now?

"Statute of Limitations" for CA Wage and Hour Lawsuits
According to the “statute of limitations” for California, employees have three years from the date when the most recent violation has occurred to bring a California wage/hour suit against their employer. Contact AVA Law Group, Inc. today before your narrow window of time runs out!

Our expert team of lawyers possess the experience, know-how, and empathy to make sure you get the legal assistance you deserve. Our representatives make sure to check in with you throughout the process of filing a lawsuit so you remain in control and do not feel lost within the process. Best of all, you don’t pay a penny until we win or settle your case!  Contact AVA Law Group, Inc. today to fill out your free case evaluation and chat with one of our live, personal representatives.

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ATTORNEY ADVERTISEMENT: Not available in all states, Andrew Van Arsdale, supervising attorney is licensed only in California and Nevada, but associates with attorneys throughout the country, Principal office: 3667 Voltaire Street, San Diego, California 92106. 

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