California Overtime Attorneys
When employees are denied wages for work they performed, they face not only financial uncertainty, but also fear of retaliation or termination for reporting the illegal acts. At Rose Law, our job is to even the odds they face and hold employers accountable for failing to comply with wage and hour laws.
We put our clients at ease, starting with their initial, confidential consultation. We identify the specific problems they are facing and the goals they have. Throughout every step of the process, we protect not only their rights, but also possible retaliation in response to their legal action.
Skilled Unpaid Minimum Wage Lawyers for Employees and Independent Contractors
The California Labor Code guarantees nonexempt employees at least the state minimum wage for each hour of work. Frequently, employers will seek to classify employees improperly as independent contractors, commissioned salespeople, or piece rate workers to avoid payment of California minimum wage. Some employers will even have their workers clock out and continue to work “off the clock” without any payroll compensation at all. Our lawyers expertly handle wage claims and lawsuits of this type for California workers.
Employees need a skilled attorney and problem solver who combines experience and knowledge of both the California Labor Code and the FLSA for both private sector and government workers. Retaining a lesser-qualified lawyer can have devastating consequences such as losing the case or paying attorney fees and costs to the opposing side, which can happen under the California Labor Code.
Unpaid Overtime Lawyers for Employees and Employers
Enforcing Overtime Rights Under the California Labor Code and the Fair Labor Standards Act (FLSA)
Working overtime can benefit both employer and employee. For the employer, much-needed work is being completed, oftentimes within strict deadlines. Under both state and federal overtime law, employees receive overtime pay when they work over 40 hours in a week. Under California overtime law, employees receive overtime pay for hours worked in excess of eight in a workday.
The California Labor Code guarantees nonexempt employees overtime pay for hours worked above 40 in a single workweek, or eight in a single workday. Most public sector employees in California are governed not by the California Labor Code but instead by the Fair Labor Standards Act of 1938 (FLSA), creating complex legal problems. Frequently employees are misclassified as exempt from overtime pay. Citing the professional exemption, administrative exemption, executive exemption, computer professional exemption, or other exceptions to the overtime laws under the regulations of the California Industrial Welfare Commission, employers often improperly classify their workers as ineligible for overtime.
California employers enjoy a number of exemptions that allow them to avoid paying overtime. These exemptions typically apply to learned professionals, executives, administrators and computer professionals. However, those businesses must prove those exemptions are applied properly and within the law. Many times, the exemptions are misapplied. Employees are misclassified as overtime exempt, resulting in denial of the compensation they are entitled to under the California Labor Code.
California Labor Code Attorneys
Lawyers for Employees Improperly Classified as Exempt from Overtime
Disputes involving overtime are not exclusive to any type or size of company. Whether employees work for employers that staff 20 or 2,000, their questions and concerns are the same. They may have been wrongly classified by their employer and denied overtime wages.
While employers are obligated to document proof of overtime hours, many do not follow through on that important record keeping. Employees can counter that lack of evidence with evidence of their own through emails, written logs and their own testimony.
At Rose Law, we encourage California workers to assert their legal rights. Many fear retaliation in the form of demotions, transfers or job loss. We put their mind at ease by educating them on their rights and moving forward with a claim. Our lawyers’ experience and knowledge allow them to work within the framework of overtime law to ensure our clients are paid overtime for past, present and future work.
Retaliation and Wrongful Termination Attorneys
California Labor Code section 1102.5 – Whistleblower Attorneys
Few employees want to “rock the boat” with their employer by reporting violations of state and federal employment laws. They fear that filing a claim will lead to retaliatory action. While we cannot guarantee an employer will not retaliate against an employee, laws exist to hold employers accountable for retaliatory actions that can take various forms, including:
- Change in employment status
- Termination of employment
- Promotion opportunities becoming limited or nonexistent
- Mandatory transfers to offices that require relocation
California Labor Code section 1102.5 prohibits an employer from retaliating against an employee who either: 1) discloses information to a governmental or law enforcement agency based on a reasonable belief that the employer is violating a statute, rule, or regulation, or 2) refuses to participate in an employer activity that would result in a violation of a statute, rule, or regulation.
At Rose Law, our lawyers possess knowledge of protections for employees who act in good faith, only to suffer unlawful retaliation that can lead to wrongful termination. They combine that insight with a track record of success in holding employers who retaliate accountable.
Employees need that level of experience, skill and dedication when their professional futures are at stake. We spend time with our clients and provide them with an honest review of their case. We do not tell them only what they want to hear, nor do we take on claims without merit. Far too much is at stake for us not to be candid, honest and ethical.
On behalf of employees who lost their jobs over complaints involving minimum wage or overtime, we often first try to negotiate with the employer for reinstatement and back pay. We outline the laws that apply in an effort to resolve matters in a cooperative setting. Many times, our law firm’s reputation as experts in California wage and hour law helps motivate a prompt resolution. Employers notified of our representation take our clients’ cases seriously and often agree to fair resolutions faster.
However, if talks fail and there is no other recourse, we are ready to file required notices with the California Labor and Workforce Development Agency and pursue a lawsuit in court.
Call Rose Law APC at 1 (800) 456-3767
To schedule a free confidential consultation with an experienced California minimum wage violations attorney, fill out our intake form. You can also reach Rose Law, APC, at 800-456-3767. We return phone calls promptly, generally within one working day.
Our law office is open Monday to Friday, 8 a.m. to 5 p.m. Evening and weekend appointments are available upon request. In most wage and hour cases, there is no fee if there is no recovery.