Why Choose Zakay Law Group?
The Right Firm Makes a Difference
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Aggressive Representation for California EmployeesWe are relentless in fighting for your rights. With a mission to ensure fair treatment of all employees, we hold employers accountable and pursue justice for violations of California employment laws.
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Proven Track Record of SuccessOur team has recovered millions of dollars in settlements for employees, ranging from small businesses to large corporations.
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Free Consultations AvailableAt Zakay Law Group, we believe that every employee deserves the opportunity to seek justice without barriers. That’s why we offer free consultations to all potential clients.
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Personalized Service, Powerful ResultsAs a boutique firm we deliver personalized attention to every case, while collaborating with larger firms to pool resources, ensuring our clients receive top-tier representation against even the biggest corporations.
What Are Wage & Hour Violations?
Known as “wage theft,” wage and hour violations involve the unlawful practice of employers failing to pay workers the full wages they are legally entitled to under the law.
Wage and hour violations can occur in several ways, including:
- Unpaid overtime: Not compensating employees for overtime hours worked, which in California is typically time and a half for hours worked over 8 in a day or 40 in a week, and double time for hours worked over 12 in a day.
- Minimum wage violations: Paying employees less than the state-mandated minimum wage.
- Off-the-clock work: Requiring employees to work before clocking in or after clocking out without pay.
- Misclassification: Incorrectly classifying employees as independent contractors or exempt employees to avoid paying overtime or benefits.
- Illegal deductions: Making unauthorized deductions from an employee's paycheck.
- Failure to provide meal and rest breaks: Not allowing employees to take legally required meal and rest breaks or not compensating them when breaks are missed.
California has strict labor laws to protect employees from wage theft. The state also allows workers to file claims and recover lost wages. The California Labor Commissioner's Office is a key resource for addressing and resolving wage theft issues.
What Laws Protect Employees from Wage Theft in California?
California has enacted several laws to protect employees from the above violations.
These include:
- California Labor Code: This comprehensive set of laws covers various aspects of employment, including wage and hour regulations, meal and rest breaks, and overtime pay.
- California wage orders: Issued by the Industrial Welfare Commission (IWC), these orders specify wage, hour, and working condition requirements for different industries and occupations.
- Fair Labor Standards Act (FLSA): While a federal law, the FLSA sets minimum standards for wages and overtime, which California often exceeds with more stringent state-specific regulations.
- California minimum wage law: This law mandates that employers must pay employees the minimum wage, which is often higher than the federal minimum wage.
- California overtime laws: These laws require employers to pay overtime for hours worked over 8 in a day or 40 in a week and double time for hours worked over 12 in a day.
- Private Attorneys General Act (PAGA): This act allows employees to file lawsuits to recover civil penalties for labor code violations on behalf of themselves, other employees, and the state.
What Should You Do If You Experience Wage or Hour Violations?
If you experience any wage or hour violation in the workplace, you should take steps to address the issue. This starts with documenting everything. Keep detailed records of hours worked, pay received, and any communications with your employer regarding wages and hours. This documentation can be crucial in supporting your claim.