Fullerton Wage and Hour Lawyer

Fullerton Wage and Hour Attorney

There is nothing wrong with expecting to be paid what you are owed for the job you performed. It’s the most basic kind of respect an employer can give you. This includes any promised bonuses or overtime that you have accrued. If your employer willfully chooses to withhold any portion of your paycheck, this may be an act of wage theft. You should reach out to an experienced Fullerton wage and hour lawyer to make sure you receive what you’re owed.

The legal team behind Briana Kim, PC, understands how difficult it can be to stand up for yourself against your employer. There may be many reasons you are reluctant to take such a stand, including a fear of retaliation. You should reach out to a Fullerton wage and hour attorney who can help you build a case and recognize when you are being taken advantage of. Briana Kim, PC, has vast experience with wage and hour cases and an in-depth understanding of California wage and hour laws.

Hire a Wage and Hour Lawyer

You should hire a wage and hour lawyer to guide you through your case. There may be many reasons your employer is withholding your pay, including misclassifying you as exempt or salaried to avoid paying you overtime. Briana Kim has dedicated her career to helping individuals who are being mistreated by their employers. It can be hard to pursue a case against your employer on your own, which is why we can help you with every aspect of your case.

Wage and hour violations are not uncommon in California, despite the state’s strict overtime laws. According to recent data gathered by the Equal Employment Opportunity Commission (EEOC), there were 74 cases filed in California under the Equal Pay Act and an additional 2,592 cases involving workplace retaliation. It’s vital that you do what you can to pursue legal action so you can get what you are owed and hold your employer accountable.

Seek Additional Financial Support

When you are fighting your employer over a wage and hour violation in Fullerton, you may also be dealing with the financial fallout from not receiving your full paycheck. To help you during this trying time, you may want to reach out to a local financial support group, such as the Assistance League of Fullerton or CalWORKs. Someone may be able to help you work out a budget or obtain resources for basic needs while you pursue legal action against your employer.

Proving Violations

Prior to reaching out to an employment lawyer in Fullerton, you should gather as much documentation as you can that proves your claim. Proving a wage and hour violation can be easier said than done, but being prepared can be one of the most important things you can do.

The more evidence you have, the easier it can be to be successful in your case, especially if your employer retaliates. While California is an at-will employment state, your employer can’t fire you for an illegal reason, including retaliation. Here are some important steps you can take to have a provable case:

• Document everything. The smartest thing you can do for your case is document everything that could be considered relevant in the long run. Make sure you have a record of your financial statements, pay stubs, timecards, and relevant correspondence with your employer. You have to prove that they are withholding your money.
• Report the incident through proper channels. Some companies may require you to report any incidents of wage and hour violations to your company’s HR department. Make sure you do this if your company requires it. In some cases, the problem may be easy to fix, and everyone can move on. In other cases, they may refuse to do anything, and legal action remains an option.

FAQs

What Is the Four-Hour Rule in California?

The four-hour rule in California, which is also called the minimum shift law, ensures that employers pay non-exempt workers for at least two hours or half their scheduled shift when they report for work but are sent home early due to a lack of work. The law’s upper limit is four hours of pay. The rule applies when a worker is scheduled for work but can’t work for at least half the scheduled time, barring some exceptions.

Who Is Exempt From the $20 Minimum Wage in California?

California has a $20 minimum wage for fast food workers, but there are various exceptions. Certain locations, such as airports, museums, hotels, or theme parks, may be able to pay less than the state-mandated minimum wage. Certain bakeries are also exempt. Restaurants that produce and sell bread as a standalone item can also be exempt from the minimum wage. In addition to fast-food employees, certain apprentices, student learners, and outside salespeople may also be exempt.

What Are the Rules for Hourly Employees in California?

There are many rules for hourly employees in California, as California has some of the strictest and most protective labor laws in the country. Hourly employees in California must be paid the statewide minimum wage, be given mandatory 10-minute rest breaks for every 4 hours worked, and be allowed overtime pay if they work over 8 hours in a single day. These are just some of the rules employers must follow.

What If a Salaried Employee Works Less Than 40 Hours in California?

If a salaried employee works less than 40 hours in California, they generally still receive their full salary for the week. Salaried employees are paid for the value of their contributions, not for their time, provided they are classified as exempt. If they are classified as non-exempt, they must be paid the minimum wage for all hours worked.

Reach Out to a Wage and Hour Violation Lawyer

Learning that your employer has wrongfully taken part of your paycheck can feel like a betrayal. There’s nothing wrong with seeking accountability and getting what you are owed by hiring a lawyer and taking legal action. Briana Kim, PC, can help you gather the evidence you need, build a strong case, and keep your interests fully protected. Contact us to speak to someone who can help.