California Employment Law Attorneys
Wage and hour claims often accompany other types of employment law claims. For example, when an employer wrongfully terminates an employee for complaining about not being paid overtime, the employee may sue for both the wrongful termination and the failure to pay overtime. The employee may also be entitled to penalties for the employer's failure to pay all amounts due at the time of termination.
I'm San Francisco employment law attorney Stephen M. Murphy. I represent employees in legal claims against their employer for violation of the Fair Labor Standards Act, as well as California laws that protect workers. I offer a free initial consultation to discuss your case and explain your options.
What Are Wage and Hour Violations?
Examples of wage and hour violations include:
- Failure to pay overtime for hours of more than eight in day or 40 in week
- Misclassifying employees as exempt from overtime when they are not
- Denying rest breaks to employees (you are entitled to a lunch break and a rest beak every four hours)
- Making you buy a required work uniform
- Making you buy tools required for your job
- Requiring you to pay for training
- Not paying you for training
- Classifying you as an independent contractor when you should be an employee
- Failure to pay a final paycheck immediately
Penalties in Wage and Hour Cases
You are entitled to all overtime payments you did not receive. In addition, your employer may have to pay a penalty of up to 30 days of regular wages. If you are not paid a final paycheck immediately, your employer may have to pay a penalty of up to 30 days of regular wages. You are also entitled to compensation for unpaid training, uniforms and tools.
California has a three- or four-year statute of limitations for wage and hour claims, meaning you can receive compensation for up to four years before your lawsuit was filed. This can lead to a substantial settlement in an unpaid overtime case. I also handle these cases as class actions when the employer has a pattern of violations that affect many employees.
Compensation for victims of wage and hour claims: Our attorneys obtained a $870,000 binding arbitration award for an executive of a high tech company who was denied commissions after being terminated without cause.
Free Attorney Consultation
For more information about wage and hour claims or to consult San Francisco wage and hours claims lawyer Stephen M. Murphy, call 415-986-1338 or fill out the contact form on this website.
