In the current economic climate, wage law violations under California state law or under the federal Fair Labor Standards Act (FLSA) are becoming more and more common.
Goyette & Associates is expert in navigating the current conditions to ensure employees are properly paid and employers provide all pay due in order to minimize their liability for wage law violations.
Gary G. Goyette, the lead attorney of Goyette & Associates’ Civil Litigation division is an indisputable expert on CA wage law and the federal Fair Labor Standards Act (FLSA). Gary has represented employees and employers in hundreds of wage related matters, from single employee Labor Commissioner claims, to groups of employees to class actions covering over 40,000 class members.
If you are an employee or an employer with any federal or state wage law questions or issues, contact G&A today.
The variety of common wage law violations involve
Employees can be classified as ‘exempt’ from overtime pay, but only if they meet both the ‘duties’ test and the ‘salary’ test.
Labor Commissioner Claims
Individual employees can file wage claims with the CA Labor Commissioner without having to go to Court.
Employees must be provided at least the federal and state minimum wage rates for all hours worked.
Contractors and sub-contractors on any construction project which involves federal or state funds must pay prevailing wage rates, which are typically higher that employees’ regular hourly rates of pay.
Pay at time and a half (or double time) an employee’s regular hourly rate of pay must be provided for hours worked above eight hours per day or forty hours per week.
Employees cannot perform tasks prior to or following paid work shifts without being paid for such time.
Meal and Rest Periods
Under CA wage law, at least 30 minutes of unpaid, uninterrupted time must be provided for meal periods, and 10 minutes of paid rest period time must be provided for each four hours worked.
Any of the above listed wage law subjects/violations can involve a single employee, groups of employees, or entire classes of employees who are subject to the same or similar work conditions resulting in the same or similar state or federal wage law violations. Single employee claims are commonly filed with the California Labor Commissioner under an expedited process leading to an administrative hearing. Groups of employees are typically covered under traditional civil actions in California Superior Courts or federal District Courts.
Class action litigation is complicated, and takes much longer, but can result in far greater liability for the employer. For more information on whether you may qualify for a class action, click here.
For a list of G&A’s wage and hour class action cases and successes, click here.
We understand that every situation is unique and are pleased to offer you a complimentary consultation.
If you believe that you have a wage and hour law suit or case, if you believe you may be part of a class or group of individuals with a wage and hour case, or if you are an employer facing any such potential wage claims contact G&A’s wage and hour lawyers.
Please contact Goyette & Associates with any legal matter or question and we will help you find the answer.
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