Employment Law Services

Passionate and powerful legal representation for workers whose rights have been violated in the workplace.

Wage&HourDisputes_Icon@2x

Wage and Hour Disputes

Wage and Hour Disputes

When an employer and worker enter into an employment relationship, they agree to compensation for work performed. California’s Equal Pay Act protects employees against gender discrimination regarding compensation. Federal Fair Labor Standards Act (FLSA) and the California Labor Code entitle employees proper classification based on employment duties, timely payment of wages, overtime, and commissions, and meal and rest periods, among many other rights.

Unequal Pay

California’s Equal Pay Act is a workplace gender antidiscrimination law. If you believe you’re being paid less for the same work as another employee (who has substantially similar job duties, education, qualification, and experience), you are entitled to equal pay regardless of gender. This law protects both male and female employees.

Commissions and Bonuses

An employer reserves the discretionary right to pay bonuses to employees. Commissions earned, however, are wages and therefore not discretionary. The terms of commission income must be set in writing and are usually based on employee performance and the revenue, sales, and profit the employee brings to the company. An employer is required to pay your commissions earned.

Overtime

If you are properly classified as a salaried employee, you do not qualify for overtime pay. 

If you are a properly classified hourly employee, you are entitled to:

  • Minimum 10-minute rest for every 4 working hours
  • Minimum 30-minute meal break for a shift that lasts at least 5 hours
  • Pay for all hours worked (off the clock hours like weekends, on-call hours, travel time during a shift, and overtime)
  • Overtime pay 

(=1.5 times your hourly rate for working more than 8 hours per day and 40 hours per week and
=2 times your hourly rate for working more than 12 hours per day and more than 6 days per week)

If you think you have a wage or hour dispute claim against your employer, I may be able to help.

Start by filling out the form below to tell me about your case. I will review the information you submit and let you know if I may be able to help.