Select Page

Wage & Hour

Lawyer client going over document placeholder image

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

Overtime 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.

Off-the-Clock Time

employees cannot perform tasks prior to or following paid work shifts without being paid for such time.

Minimum Wages

employees must be provided at least the federal and state minimum wage rates for all hours worked.

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.

Labor Commissioner Claims

individual employees can file wage claims with the CA Labor Commissioner without having to go to Court.

Exempt Misclassifications

employees can be classified as ‘exempt’ from overtime pay, but only if they meet both the ‘duties’ test and the ‘salary’ test.

Prevailing Wages

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.

Lawyer completing legal document placeholder image

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.

Photo of Goyette & Associates Stationary and notepad

Please contact Goyette & Associates with any legal matter or question and we will help you find the answer.

Resources

California Courts Not Sympathetic To Employee Claims on PEPRA Pension Issues

By: Paul Goyette A recent string of California Superior Court and Court of Appeals Decisions indicate a clear trend to decline various employee and employer organization challenges to PEPRA. PEPRA is a form of pension reform law that was passed in 2012 and became effective January 1, 2013. PEPRA made several changes to the California public sector pension systems....

Voided Appointment Overturned for California State Employee

Attorney Brett Sherman of Goyette & Associates successfully represented a State of California Employee in the overturning of a voided appointment. Employee X* was promoted to a Staff Services Manager I (SSM) position within the California Department of Corrections and Rehabilitation in 2007. Employee X worked in that capacity until 2013, at which time Employee X...

2017: A Year in Review

by: Nicole Valentine It would be an understatement to say that 2017 was one of the most rewarding years in my practice as a criminal, labor, and licensing attorney. Below are some of the most notable results I achieved for my clients in each of these areas: One of the most important highlights of this year was when I won a client a full dismissal of all counts of an...

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Request a Free Legal Consultation

Contact Goyette & Associates for a free consultation. We will respond right away and work with your budget.