Wage theft is a major issue in California. Wage theft refers to not paying workers for all their work, or not providing the benefits they are entitled to under the law. Some examples of wage theft are not paying overtime, not paying at least the minimum wage, misclassifying an employee as an independent contractor, and failing to provide rest or meal breaks. Anyone who has experienced these scenarios should call a Sacramento wage theft attorney from Erkel Law, P.C. for a consultation.
Our experienced employment law attorney could help in several ways including investigating a claim and advising whether to accept a settlement or take a case to court. Call today to begin reviewing the details of your situation with a dedicated advocate.
The California Labor Code and Wage Orders have relevant laws applying to minimum wage, overtime pay, and meal and rest breaks. The minimum wage in California is $16 per hour for all employers. When it comes to overtime pay, non-exempt employees who work more than eight hours in a day or 40 hours in a week are entitled to overtime pay. The overtime rate is 1.5 times the employee’s regular pay rate. Workers are also entitled to preventative cool-down breaks when the weather is exceptionally hot.
Non-exempt employees are also entitled to meal and rest breaks. Employees working more than five hours per day are entitled to a 30-minute meal break. Those who work more than 10 hours are entitled to a second meal break. In addition, employees are allowed 10-minute breaks for every four hours they work.
If an employer has failed to meet any of these requirements, they can be held liable for damages. Regardless of the type of violation, a good Sacramento wage theft attorney from Erkel Law, P.C. could explain the next step to take.
The California Labor Code and Wage Orders also provide protections against employers who fail to provide overtime on commissions, piece rate, and regular wages. Employers who take their employees’ tips or bounce paychecks can be held accountable under these laws, as well.
Another instance of wage theft is when employers do not allow their employees to accrue or use sick days. Even paying an employee their last paycheck late is covered under the law. The final paycheck must be provided immediately upon termination.
Erkel Law, P.C. can help identify which areas of the California Labor Code and Wage Orders law have been violated. Additionally, wage discrimination can be difficult to prove, especially when an employer’s accounting is opaque or nonexistent. An experienced Sacramento wage theft attorney from Erkel Law, P.C. could help document a claim – such as by analyzing paystubs and work schedules to check if things like overtime and meal breaks were provided as required. They can also help negotiate settlement of a claim or take it to court (and through to appeals, if necessary).
California law surrounding wage theft is clear. But proving it is not always so easy. If you have experienced wage theft at work, call a Sacramento wage theft lawyer from Erkel Law, P.C. today for a free consultation. The legal system can be difficult to navigate, but an experienced lawyer will know how to proceed with your claim.
You have already lost enough. Do not risk losing more by going it alone on your wage theft claim.
(916) 709-3702 
