Wage and hour cases can be highly complex and require the skills and knowledge of experienced lawyers. These cases involve disputes between employers and employees over issues such as unpaid wages, overtime violations, misclassification of employees, and violations of state and federal labor laws.
The intricacies of wage and hour laws, including determining what constitutes "hours worked" and calculating proper compensation, can make these cases challenging to manage successfully.
If you are dealing with a wage and hour dispute, consult skilled legal professionals who are well-versed in this area of law. At Galine, Frye, Fitting & Frangos, our team of dedicated wage and hour attorneys have extensive knowledge and experience in pursuing justice for employees who have been denied their rightful wages.
Don't let your employer take advantage of you—contact Galine, Frye, Fitting & Frangos today to protect your rights. Call (650) 345-8484 today.
Why Choose Galine, Frye, Fitting, & Frangos
Choosing the proper wage and hour lawyer is crucial when protecting your rights and obtaining the compensation you deserve. There are several reasons why Galine, Frye, Fitting, & Frangos should be your first choice:
- Years of Experience: With over 75 years of combined experience, our firm has spent years fighting for the rights of our clients and has recovered millions of dollars for victims and their families. We have the knowledge and experience to handle even the most challenging wage and hour cases.
- Compassionate and Personalized Approach: At Galine, Frye, Fitting, & Frangos, we treat our clients like family. We understand the emotional and financial toll that wage and hour disputes can take on individuals and their families, and we are here to provide support and guidance every step of the way.
- Aggressive Pursuit of Compensation: We are proud of the millions of dollars in settlements and verdicts we have obtained for our clients. We believe in aggressively pursuing compensation for our client's claims and will guide you through the litigation process with determination and perseverance.
Our San Mateo office is conveniently located south of Borel Middle School and east of St. John’s Cemetery at 411 Borel Avenue, Suite 405, San Mateo, CA 94402.
What is Employment Law?
Employment law covers many legal rules and regulations that govern the relationship between employers and employees. These laws cover various aspects of the employment relationship, including wages, hours, working conditions, and employee rights.
Employment law ensures that employees are treated fairly and have rights and protections. It sets standards for minimum wage and overtime pay and protects against discrimination, harassment, and retaliation. Additionally, employment law protects employees from wrongful termination, ensures workplace safety, and guarantees leave rights, such as family, medical, and military leave.
Understanding employment law is imperative when dealing with wage and hour disputes, as it provides the foundation for determining your rights as an employee and your employer's legal obligations.
Your Wage and Hour Rights Under Federal and California Employment Laws
Both federal and state laws play a role in governing wage and hour issues. In California, employees are protected by strong labor laws that go beyond what federal law mandates. Being aware of your rights under federal and California employment laws is important. Here are some fundamental rights and protections you may be entitled to:
Minimum Wage
Under federal law, the current minimum wage is $7.25 per hour. However, California has its own minimum wage requirements, which are higher than the federal standards. As of January 2024, the minimum wage in California is $16.00 per hour, no matter how many employees the company has.
Overtime Pay
Under federal law, non-exempt employees must be paid at least one and a half times their regular pay rate for all hours worked beyond 40 hours in a workweek. In California, non-exempt employees must be paid one and a half times their regular rate of pay for all hours worked beyond eight hours in a workday or 40 hours in a workweek and double their regular rate of pay for all hours worked beyond 12 hours in a workday.
Meal and Rest Breaks
In California, non-exempt employees are entitled to meal and rest breaks. If they work for more than five hours a day, they must receive a 30-minute meal break; if they work for more than ten hours a day, they must receive a second 30-minute meal break. Additionally, employees are entitled to a 10-minute paid rest break for every four hours worked.
Misclassification of Employees
Employers may try to misclassify employees as independent contractors to avoid providing them with certain benefits and protections. Proper classification is imperative as it determines whether you are entitled to minimum wage, overtime pay, and other benefits under the law. If you believe you have been misclassified, it's important to consult a employment law attorney to assess your situation and determine the appropriate legal action.
Recordkeeping Requirements
Employers must keep accurate records of hours worked, wages paid, and other employment-related information. This ensures transparency and enables employees to verify that they receive proper compensation. If your employer fails to maintain accurate records, proving your wage and hour claims can be more difficult.
These are just a few examples of the rights and protections provided under federal and California employment laws. It's important to consult a wage and hour lawyer to fully understand your rights and determine the best course of action if you believe your rights have been violated.
How Much is Your Wage and Hour Case Worth in California?
Determining the value of a wage and hour case in California can be difficult, as it depends on various factors, including the nature of the violation, the extent of the damages suffered, and the strength of the evidence. Be sure to consult one of our qualified wage and hour attorneys who can assess the details of your case and provide a more accurate estimate of its worth.
In general, wage and hour cases may seek compensation for the following:
Unpaid Wages
If your employer fails to compensate you for all hours worked, including overtime properly, you may be entitled to receive the unpaid wages owed to you. This can include back pay for the hours worked but not paid, as well as any unpaid overtime or meal and rest breaks.
Liquidated Damages
In some instances, employees may be entitled to liquidated damages, which is an additional amount equal to the unpaid wages. These damages compensate employees for the delay in receiving their rightful wages.
Penalties
California labor laws provide various penalties for wage and hour violations. For example, an employer may have to pay penalties for late wages or failure to provide meal and rest breaks.
Attorney's Fees and Costs
If you prevail in your wage and hour case, your attorney's fees and costs may be recoverable from the defendant. This helps ensure that employees have access to legal representation, regardless of their financial situation.
Every wage and hour case is unique, and the value of your case will depend on its specific circumstances. Consulting a workers compensation lawyer from our firm can determine the potential value of your case and pursue the compensation you deserve.
Damages in Wage and Hour Violation Cases
When wage and hour violations occur, employees can suffer various losses. These losses can significantly impact their financial stability and overall well-being. Here are some common types of damages employees can seek in wage and hour violation cases:
- Lost Income: Wage and hour violations can result in unpaid income, including minimum wage, overtime, and missed meal and rest breaks. Seeking compensation for lost income can help employees recover the compensation they should have received.
- Emotional Distress: Dealing with wage and hour violations can be emotionally distressing for employees. They may experience stress, anxiety, and even depression as a result of their employer's actions. Compensation for emotional distress can help alleviate some of the emotional harm suffered.
- Punitive Damages: In certain cases, punitive damages may be aailable in addition to compensatory damages. Punitive damages punish the employer for their willful or reckless conduct and deter others from engaging in similar behavior.
- Attorney's Fees and Costs: If you prevail in your wage and hour case, your attorney's fees and costs may be recoverable from the defendant. This ensures that employees have access to legal representation without additional financial burden.
The specific damages you might seek in your wage and hour case will depend on the circumstances of your situation. Consulting our skilled wage and hour attorneys is necessary to fully understand the damages you may be entitled to and to pursue the maximum compensation available.
Types of Wage and Hour Violations
Wage and hour violations can take various forms, and employers may engage in practices that deny employees their rightful wages and benefits. Here are just a few types of wage and hour violations:
Off-the-Clock Work
Some employers may ask employees to perform work-related tasks before or after their scheduled shifts without compensating them for this time. Off-the-clock work can include activities like preparing the workspace, attending meetings, or performing job-related duties.
Meal and Rest Break Violations
Employers must provide meal and rest breaks to non-exempt employees following specific guidelines. Violations can occur when employees are not provided with adequate breaks or are asked to work through their breaks without proper compensation.
Failure to Provide Pay Stubs
Employers are legally obligated to provide employees with accurate and itemized pay stubs that detail their wages, deductions, and other relevant information. Failure to provide pay stubs or providing inaccurate pay stubs can be a violation of wage and hour laws.
These are just a few examples of wage and hour violations that employees may encounter. If you believe your employer has engaged in any of these practices or other forms of wage theft, consult our wage and hour lawyers to understand your rights and pursue legal action.
Fighting for Your Wage and Hour Rights Under California's Employment Laws
When facing wage and hour violations, it's essential to take action to protect your rights and seek the compensation you deserve. Here are steps to take if you believe your rights have been violated:
- Document Your Work Hours: Keep a detailed record of your work hours, including start times, end times, breaks taken, and any overtime hours worked. This documentation will be valuable evidence to support your wage and hour claim.
- Gather Supporting Evidence: Collect any supporting evidence that can help prove your wage and hour violations. This may include pay stubs, work schedules, emails, text messages, or witness statements. The more evidence you have, the stronger your case will be.
- Consult a Wage and Hour Attorney: Be sure to consult an experienced wage and hour lawyer as soon as possible. They will evaluate the merits of your case, guide you through the legal process, and fight on your behalf to protect your rights and seek the compensation you deserve.
- File a Complaint: Depending on the circumstances of your case, your lawyer may recommend filing a complaint with the appropriate government agency, such as the California Labor Commissioner or the United States Department of Labor. Filing a complaint can initiate an investigation into your employer's practices and help recover the wages owed to you.
- Consider Legal Action: If negotiation and settlement attempts are unsuccessful, your lawyer may recommend pursuing legal action, such as filing a wage and hour lawsuit. Legal action allows you to seek compensation for your damages through the court system.
Remember, time is of the essence when it comes to wage and hour violations. There are strict deadlines for filing claims, so acting promptly is important to protect your rights.
If you believe your wage and hour rights have been violated in California, don't hesitate to contact Galine, Frye, Fitting & Frangos today. Our team of dedicated wage and hour lawyers is here to guide you through the legal process, fight for your rights, and pursue the compensation you deserve.
Call us at (650) 345-8484 or schedule a free case consultation online. We understand the challenges you may be facing, and we are committed to providing compassionate and personalized legal representation. Let us navigate your wage and hour dispute and protect your rights. Don't let your employer take advantage of you - contact Galine, Frye, Fitting & Frangos today.