Wage Dispute Attorney in Orange, California

In the state of California, there are various wage and hour laws that governs how employers are required to compensate their employees for time worked. These wage and hour laws cover various issues, including minimum wage, overtime pay, job-protected leave, meal and rest breaks, and working off the clock. If your employer has refused to pay you the right amount of wages or violates the wage and hour laws, you may be eligible to pursue fair compensation. 

At The Guha Law Firm, we're committed to offering personalized attention and compassionate representation to employees in their wage dispute matters. Our reliable California employment law attorney can evaluate every aspect of your unique situation and help assert your rights under the state's wage and hour laws. In addition, we will advocate for your best interests and attempt to recover your rightful wages and other deserved compensation. 

The Guha Law Firm proudly serves clients throughout Orange, California, and surrounding communities across Los Angeles County, San Bernardino County, and Riverside County.

Wage and Hour Laws  

Here are some federal and state wage and hour laws you need to know: 

Fair Labor Standards Act  

Under the Fair Labor Standards Act (FLSA), employees are entitled to a minimum wage and overtime pay of at least 1.5 times the employee's regular rate of pay for every hour worked beyond 40 hours in a workweek. 

California Wage and Hour Laws  

Some important California state wage and hour laws for nonexempt employees are as follows: 

Minimum Wage 

The minimum wage is currently $15.50 per hour for all employers in the state of California. In addition, the minimum wage will increase to $16 per hour from January 1, 2024. 

Overtime Pay 

Under California law, nonexempt workers are eligible to receive mandatory overtime pay – of 1.5 times the employee's regular rate of pay – for every hour worked for over: 

• 8 hours in a workday, 

• 40 hours in a workweek, or 

• Six consecutive days in a workweek. 

In addition, the employer must pay twice the employee's regular rate of pay when the employee works for over 12 hours in a workday or 8 hours on the 7th consecutive day in a workweek. 

Rest and Meal Breaks 

According to California law, nonexempt workers are entitled to receive a paid 10-minute break for every 4 hours worked or a "major fraction" thereof, and an unpaid or uninterrupted 30-minute meal break for working more than 5 hours in a day. 

Working Off-The-Clock 

Under California law, employees are prohibited from working off the clock. As such, workers must be paid for every minute worked.  

Exempt vs. Nonexempt Employee  

Additionally, in California, workers are categorized into exempt and nonexempt employees. 

Exempt Employees 

Exempt employees comprise employees working in administrative, executive, professional, computer, or outside sales-related fields. These workers usually have the freedom to exercise their independent judgment and discretion. In addition, exempt employees receive a fixed salary, which is often two times the state's minimum wage. As such, exempt employees are excluded from overtime pay. 

Nonexempt Employees 

In contrast, nonexempt employees are employees who perform more manual or technical duties. These workers are usually paid hourly. In addition, they are entitled to the state's minimum wage and overtime pay upon working for more than the mandated daily or weekly working hours. 

Common Wage and Hour Disputes

Some common reasons for wage and hour disputes include, but are not limited to, the following: 

• Minimum wage violations 

• Unpaid overtime   

• Unpaid commission 

• Working off the clock 

• Unpaid meals and rest breaks 

• Employee misclassification 

• Wage deferment 

• Failure to pay wages on time 

• Receiving less than the minimum wage 

• Unpaid preliminary and post-completion activities 

• Failure to reimburse employee expenses 

• Tip pool violations 

If you believe that you haven't been paid the right amount of wages, you need to reach out to a seasoned California wage dispute attorney immediately. Your legal counsel can help file your wage or hour lawsuit and represent you diligently at every phase of the legal process. 

Work With an Experienced Employment Law Attorney

Federal and state wage and hour laws are designed to protect employee's rights and ensure that they're adequately compensated for time worked. If your employer has failed to pay you the proper amount of wages or has violated applicable wage and hour laws, hiring an experienced employment law attorney is crucial to upholding your rights and receiving your rightful wages. 

At The Guha Law Firm, we have the knowledge and resources to support and represent employees in their wage or hour lawsuits. As your legal counsel, we can investigate all of the surrounding facts of your case and calculate the right amount you're entitled to. In addition, we will represent you intelligently in your lawsuit and help recover fair financial compensation to cover your unpaid balance, back wages, outstanding wages, interests, and reasonable attorney's fees.