Tustin Wage and Hour Lawyer

Tustin Wage and Hour Attorney

It can be frustrating to have to handle any kind of workplace violation, especially when it’s directly related to your paycheck. There’s nothing wrong with expecting to be paid the full amount that you’re owed every pay period. When your employer deliberately, or even accidentally, withholds a portion of your check or fails to pay you entirely, seeking legal help is not an overreaction. A Tustin wage and hour lawyer can help you figure out what’s happened.

The legal team at Briana Kim, PC, understands how complicated and personal a legal case involving your paycheck can become. A wage and hour violation can feel like betrayal by your employer. Other times, it truly can be an accidental oversight that can be corrected very quickly. However, you may not know that until you reach out to a wage and hour lawyer who can look into your case and make that determination on your behalf.

California Overtime Laws

California has some very strict and comprehensive laws regarding overtime. The state’s labor laws are largely designed to benefit employees over employers, especially in situations involving labor disputes, wage and hour issues, and wrongful termination. If you ever have any questions about California’s labor laws, you should consider reaching out to an employment lawyer.

Here are some of the key points regarding California’s overtime laws:

• For a non-exempt California worker to be considered eligible for overtime, they have to work more than 40 hours in a single week or more than eight hours in a single day.
• California’s overtime rules often favor the employee. If the court determines overtime is owed, they may authorize up to four years of back overtime pay, including interest, penalties, and even the employee’s lawyer fees.

Meal Breaks

California’s labor laws require employers to provide an uninterrupted meal period of no less than 30 minutes for every five hours of work. The law prohibits employers from waiving meal breaks without employees’ written consent. Employers cannot pressure employees to work during their meal breaks. If employers become aware that employees are working during their meal break, they will be responsible for reimbursing those employees for the time worked.

Proving Wage & Hour Violations

Before you reach out to an employment lawyer about your case, it may be important to have enough evidence that proves your claim. According to data gathered by the Equal Employment Opportunity Commission (EEOC), there were 74 legal cases in California in 2024 that dealt directly with the Equal Pay Act, and over 2,500 involving workplace retaliation. You may want to reach out to a financial support group, such as the Tustin Community Foundation (TCF).

Being prepared can help you in the long run. Here are some important steps you can take to ensure that your case is easily provable:

• Document everything. The most important thing you can do in a wage and hour theft situation is to document everything. Keep a thorough record of your financial statements, pay stubs, correspondence with your employer, timecards, and anything that could be relevant to your case.
• Study. It can’t hurt to become intimately familiar with California’s comprehensive labor laws. The more you know about labor laws, the more you may be able to identify wrong behavior in your case.
• See a lawyer. Consulting with a lawyer can be greatly beneficial, especially if you don’t know much about how you are being taken advantage of, but you know something isn’t right. Your lawyer can help you identify the root of the problem and build a strong case.
• Report the incident. In most companies, you will have to report your issue to your company’s HR department. Document the meeting and keep a record for your own files. In some cases, HR may be able to identify the problem and correct it immediately. In other cases, they may be actively involved.

Common Wage and Hour Violations in Tustin

Employees in Tustin and across Orange County often struggle to ensure they’re being paid fairly. Wage and hour law violations can occur in almost any industry, and identifying these issues is important, as even small mistakes can add up to a significant loss over time. Some of the most common wage and hour violations include:

• Unpaid overtime
• Missed meal and rest breaks
• Misclassification of employees
• Off-the-clock work
• Paystub errors and final paycheck issues

If you think your employer has violated wage and hour laws, working with an experienced Tustin wage and hour attorney can significantly improve your chances of recovering what you’re owed. At Briana Kim, PC, we’re dedicated to standing up for employees throughout Tustin and Orange County and ensuring they receive the compensation they’re entitled to.

Remedies and Damages Employees Can Recover

Employees in Tustin who face wage and hour law violations have the right to recover the compensation they’re owed. Knowing what remedies and damages you could recover is an important first step in the process, and depending on the specifics of your case, you could be entitled to:

• Unpaid wages for all hours worked
• Penalties for missed breaks, late payments, or wage statement violations
• Attorney’s fees and costs
• Interest accrued on unpaid wages or penalties

An experienced Tustin wage and hour attorney can help you get the damages you need to move forward. At Briana Kim, PC, we’re committed to standing up for employees throughout Tustin and Orange County, making sure you receive the pay and protections that wage and hour laws entitle you to.

Step-by-Step Guide: Filing a Wage Claim in California

With the right legal guidance, filing a wage claim in Tustin can be simplified by following a few key steps. This not only helps you understand where you are in the claims process but also keeps you organized and gives you a visual of which steps are complete and which are still pending. These steps make sure your wage and hour case is properly handled, and they include:

1. Document your hours and violations by keeping track of your pay stubs, time records, and any communications with your employer
2. File with the California Division of Labor Standards Enforcement (DLSE) by submitting a wage claim and providing evidence of unpaid wages or other violations
3. An investigator from the DLSE then reviews your claim and could try to mediate with your employer
4. If private mediation fails, the DLSE can issue a citation requiring your employer to pay you the wages you’re owed
5. In some cases, filing a civil claim in court is necessary, especially for complex wage and hour cases or disputes over damages

Acting quickly can greatly improve your chances of recovering unpaid wages and other damages, and working with an experienced Tustin wage and hour attorney helps make sure your claim is well-documented, effectively presented, and fully pursued. At Briana Kim, PC, we guide employees through every step of the wage claim process. By being strong advocates, we can protect your rights and help you secure the full compensation California law provides.

FAQs

What Is the 4/10 Rule in California?

The 4/10 rule in California refers to an alternative workweek schedule where employees work four 10-hour days instead of five 8-hour days. This schedule is only lawful if it is formally approved under California labor law. If the schedule hasn’t been formally approved, employers are required to pay overtime for any hours worked beyond 8 in a single day, regardless of total weekly hours. This rule helps some employers and employees maintain a 40-hour workweek with a three-day weekend.

What Is the Two-Hour Rule in California?

In California, the two-hour rule is part of the state’s reporting time pay requirements. If an employee reports to work but is not given at least half of their scheduled shift, they must be paid for at least half of that shift—no less than two hours and no more than four hours. This rule ensures employees are fairly compensated for showing up, even when no work is provided.

What Are the Wage and Hour Violations in California?

There are many different wage and hour violations that can happen in California. California’s labor laws are largely in place to protect and defend employees from being taken advantage of by employers. Wage and hour violations occur when an employer refuses to pay employees what they are owed for the work they performed. Common violations include withholding overtime pay, failing to pay the minimum wage for their industry, and more.

Should I Hire an Employment Lawyer for a Wage and Hour Violation?

Yes, you should seriously consider hiring an employment lawyer for a wage and hour violation. In a wage and hour violation, your employer may be denying you the full amount you are owed for the job you performed. Having a lawyer by your side to ensure your own legal and financial protection is always recommended. A good employment lawyer in Tustin can look through your case, help uncover evidence, and protect your interests.

Reach Out to a Wage and Hour Lawyer Today

Getting into a legal battle with your employer over a wage and hour violation can be frustrating and unpredictable. You may be reluctant to pursue legal action out of fear of retaliation. An experienced lawyer from Briana Kim, PC, can support your case and protect your rights throughout. Contact us to speak to someone about your case.