Wage and Hour Rights

Federal law protects certain employee rights, including the right to a minimum amount of compensation for hours worked and adequate overtime pay. In the state of California, even greater protections are available to employees under state law. If you believe that any of your federal or state rights have been violated, you should contact a Santa Ana Wage and Hour Rights Attorney as soon as possible.

In the State of California, most employees must be paid a minimum wage depending upon where they work, and the type of work performed. The minimum wage has increased over time and may increase in the coming years. California also requires employers to pay overtime to any qualifying employee.

Overtime is calculated differently depending upon the nature of the work performed, but generally as 1.5 times the employee's regular pay rate, including most commissions and bonuses. Double time may also be required when an employee works more than a certain number of hours in a single day. In addition, California law requires employers to provide most employees a 30-minute meal break and rest periods after a certain number of hours of work.

When it comes to Workers’ Compensation insurance claims, it is extremely important to have California-compliant pay and wage statements to determine benefit rates payable in the event of an injury. California wage and hour laws dictate that employers must provide their employees with a written wage statement whenever they pay their employees. These statements must be accurate and itemized regardless of whether the wages are paid by check, in cash, or by direct deposit. At a minimum, a wage statement must include (where applicable): (1) Dates; (2) Gross pay; (3) Total hours; (4) Hourly rates; (5) Deductions; (6) Net pay; (7) Personal identifying information of the employee; and (8) Employer’s information. Even more information is required to be contained on a wage statement depending on the type of work performed and the type of pay for that work.

Moreover, wage and hour laws in California provide that certain types of expenses incurred by employees are eligible for reimbursement by their employers. However, there is no clear line between what is and what is not a mandatory reimbursement expense.

When a worker is injured at work, a skilled Workers’ Compensation attorney may be able to identify pay records that ensure accurate compensation. Further, when employers don't comply with California wage and hour laws, employees may be able to take legal action.

Every employee has the right to request copies of any personnel records related to the employment. A Santa Ana Workers’ Compensation Attorney may be able to review these records, which may include W-2 forms, I-9 forms, waivers of any kind, arbitration agreements, performance evaluations, warnings, documents reflecting corrective action and/or discipline, grievances, job assignments and/or job descriptions related to employment. After a careful evaluation of the facts, the attorney may be able to determine whether the employee’s rights have been violated. Depending on the specifics, the attorney may also be able to help the employee take the appropriate legal action.

If you think that your wage and hour rights have been violated in Santa Ana, you need a qualified attorney who understands these cases and who may be able to maximize chances of recovering compensation from an employer. To consult an experienced workers’ compensation attorney in Santa Ana who understands wage and hour rights, please contact Law Office of Joseph Richards, P.C. today.