Overview
Our attorneys have a long history of assisting California workers and employers with labor issues. Labor law, including wage collection, is regulated by State and Federal employment, tax and contract laws and the legal relationships between employers, employees and independent contractors are often complicated. Our attorneys are well versed in navigating the labor system.
Employees and Independent Contractors with wage claims or questions regarding wages may contact our office to assist in the collection of past due wages, failure to pay overtime, missed meal or rest periods, and a variety of other issues. Improperly designated workers (see below) may also be entitled to compensation and penalties. Please contact us for a free consultation.
Employers with any questions regarding wages and benefits, overtime requirements, meal and break requirements, vacation and sick leave time, and/or classification of employees are encouraged to contact us to discuss your options. Erroneous classifications or failure to comply with the Wage and Hour Laws may result in costly penalties. Please contact us for a free consultation.
General Information about Wage Rights in California
California “Wage and Hour” Law regulate minimum wage, timing of pay periods, overtime, vacation and sick time, meal periods, travel time, itemized pay statements, working conditions, employee and independent contractor classifications and a host of other requirements. The Wage and Hour Law also outlines penalties for failure to comply with these rules. These rules are strictly enforced. Employees are generally entitled to be compensated in compliance with these laws.
The classification of employees or independent contractors may lead to additional or different protections and working requirements under the law. Just because a worker has been designated in a specific category does not mean that the designation is correct or lawful and the worker may be entitled to compensation and penalties.
The California Department of Industrial Relations – Division of Labor Standards and Enforcement (DLSE) adjudicates some wage and hour claims. The DLSE website provides general information on wage claims and forms for claims made through the DLSE.
Types of Employee Classifications
The majority of California employees are “non-exempt”. This classification means that all of the protections and requirements of the Wage and Hour laws apply. These workers can be either hourly or salaried. Non-exempt employees whose wages are wrongfully withheld, paid late or underpaid are entitled not only to the unpaid wages but penalties from the employer.
California workers may also be classified as “exempt”. This classification means that a majority of Wage and Hour law requirements are not applicable. California strictly governs what types of employees or contractors may be exempt to: (1) executive, (2) administrative, (3) professional, (4) caregiver and (5) public facility caregiver. The requirements for each category are very specific.
Exempt employees or contractors can be either salaried or hourly and the type of pay agreement does not affect the determination of exempt or non-exempt. The law carries significant penalties for misclassified workers. Misclassified workers are entitled to make a claim for payment of wages and penalties from the employer.
Services We Provide
The Law Office of Howard L. Hibbard provides the following services to our wage collection clients: (1) consultations, phone calls, and status letters or e-mails to clients, (2) preparation of all necessary court paperwork, pleadings and documents; (3) legal research as necessary, (4) preparation of all trial/hearing exhibits and witnesses, (5) court or administrative hearing and/or trial representation, (6) service of papers and court filings.
The Law Office of Howard L. Hibbard is well versed in wage and hour laws and procedures. If you have questions regarding wage collection, please contact our office for a free consultation: contact us.