San Diego Wage & Hour Lawyers

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.

To understand specific violations, familiarize yourself with your rights under California labor laws. Attempt to resolve the issue by discussing it with your employer or the Human Resources Department. Sometimes, misunderstandings can be clarified through direct communication. 

You can file a wage claim with the California Labor Commissioner's Office if the issue is unresolved. This office investigates claims and can help recover unpaid wages.

Consider consulting with an employment attorney, especially if the case is complex or involves significant unpaid wages. An attorney can provide guidance and represent you in legal proceedings.

If the violation affects other employees, you might consider filing a claim under the Private Attorneys General Act (PAGA), which allows employees to sue for labor code violations on behalf of themselves and others.

What Remedies Are Available for Wage and Hour Violations in San Diego?

In a wage and hour dispute, employees can pursue several types of damages to rectify unfair labor practices. Understanding these remedies can help you take informed steps to recover what you are owed:

• Unpaid Wages: Employees may recover wages that were unlawfully withheld, covering unpaid overtime, minimum wage violations, and any other unpaid compensation.
• Penalties: Employers may face penalties for failing to meet California Labor Code requirements, such as paying overtime or providing meal and rest breaks. These penalties serve as a deterrent against future violations.
• Interest: Employees are entitled to interest on unpaid wages from the date they were due until they are paid, incentivizing timely wage payment.
• Liquidated Damages: In some cases, employees can receive liquidated damages, which typically equal the amount of unpaid wages to compensate for losses due to delayed payment.
• Legal Fees and Costs: Successful claimants may recover attorney fees and litigation costs, easing the financial burden of pursuing legal action.

These damages aim to restore employees to the financial position they would have been in had the violations not occurred. Consulting with an experienced wage & hour law attorney near you in San Diego can help navigate the complexities of these claims and maximize potential recovery.

How Zakay Law Group Can Help Using Class Actions

Wage and hour violations often affect more than one employee, highlighting systemic organizational practices. When a company consistently fails to adhere to wage laws, such as through misclassification or denying overtime pay, it often results in widespread underpayment and mistreatment of its workforce. 

These practices deprive individual employees of their deserved earnings and foster a culture of inequity and unfairness across the organization. A class action lawsuit becomes a potent avenue for pursuing justice in such scenarios. 

Class actions can address these systemic violations more effectively by bringing together a group of affected employees and uniting their voices. Such litigation seeks legal remedies on behalf of the group, such as compensation for damages. It may also mandate compliance with labor laws by the company, which benefits all employees.

Our firm engages in class action litigation to effectively combat wage and hour violations that impact groups of employees. We often start with one employee's claim that develops into a class action. We recommend you speak directly with one of our attorneys to learn more about your case and how we may help. 

Wage & Hour FAQ

How Does California’s Prevailing Wage Work?

California’s prevailing wage is a minimum wage rate set for workers on public works projects. It ensures fair compensation based on local standards for similar work, protecting laborers and promoting quality work.

This rate is determined by the Department of Industrial Relations (DIR) and varies by trade and location. Contractors on public projects must pay these wages to comply with state law, ensuring workers receive fair pay aligned with the cost of living and industry standards. The prevailing wage aims to level the playing field by preventing underbidding at the expense of workers’ wages. Understanding these requirements is crucial for compliance and protecting workers’ rights.

Reach us online or at (619) 353-8032 to book an appointment for a free consultation with a San Diego wage and hour attorney.