Orange County Wage and Hour Lawyer

Orange County Wage and Hour Attorney

If you believe your employer has failed or refused to pay you correctly or violated California wage and hour laws, you may not be able to resolve this situation on your own. An Orange County wage and hour lawyer can help you address the situation, assisting you in securing the compensation you are owed and holding your employer accountable for their actions.

The attorneys at Hennig Kramer LLP, provide client-focused legal representation for all types of employment law disputes in Orange County and surrounding areas of California. If you need a trustworthy Orange County employment lawyer, we are confident in our ability to efficiently address your claim and assist you in recovering the wages you are owed. The sooner you connect with our team, the more time we have to build an effective case for you.

Understanding California Wage and Hour Laws

California enforces robust wage and hour laws designed to protect employees and hold employers accountable when they fail or refuse to pay their employees correctly. If you work in California in most industries, you have the right to be paid correctly for the time you work, and you also have the right to overtime pay based on the number of hours you work in a day or in a workweek.

California enforces one of the highest state minimum wages in the country. It is important to remember that most workers in California must be paid according to California’s minimum wage, not the federal minimum wage, which is much lower. There are special wage and hour rules that apply in certain industries and to certain types of workers, such as domestic care workers and certain agricultural employees.

One of the biggest challenges an employee could face with a wage and hour claim is that they may not know how to prove the truth of their claims. They may not know how to gather the proof they need to show that they have not been paid correctly, or their employer may have taken intentional steps to hide their actions in a way that the average employee may not uncover right away. It’s crucial for employees to act promptly and seek legal assistance to effectively address such issues and protect their rights.

Types of Wage and Hour Claims in California

Many types of wage and hour claims are filed in Orange County, California, each year, and if you need legal representation to assist you with your claim, it is important to find an attorney who has proven experience resolving cases like yours. Hennig Kramer LLP, can provide focused legal counsel for many types of wage and hour claims in Orange County, including:

• State minimum wage violations. Almost all employers in Orange County are required to abide by California’s state minimum wage law. If you believe you have been paid incorrectly and that your employer has violated this law, our team can help you uncover the truth of the matter and ensure you receive appropriate compensation.
• Overtime violations. When you meet the qualifications for time and a half or double time compensation under California’s overtime laws, your employer must adhere to these laws closely and pay you correctly for all overtime worked.
• Rest and meal break violations. Meal and rest break violations occur when an employer fails to authorize or permit an employee to take their legally-mandated meal or rest breaks. This often occurs when employers have facially illegal meal and rest break policies, when breaks are interrupted, or when breaks are skipped to meet work demands set by the employer.
• Illegal paycheck withholdings. Employers may not illegally withhold amounts from employee pay. Certain expenses cannot be charged to employees. If you are unsure whether a specific paycheck withholding was legal, you need to consult an Orange County wage and hour lawyer right away.
• Failure to provide accurate pay stubs. Your employer must provide complete and accurate pay stubs for every pay period. The pay stub should show the total hours worked, the employee’s compensation rate, the employee’s total pretax compensation, and a complete list of all deductions.
• Breach of contract. If an employee and employer have a written contract stipulating compensation, the employer must abide by the terms of the contract for the entire duration of the contract’s applicable period. If your employer has violated any such contract, it is important to consult an Orange County wage and hour lawyer who can review the contract and determine your most viable legal options.

These are just a few examples of the types of wage and hour claims our firm has successfully resolved for clients in Orange County. Your case is likely to require an extensive review of your past compensation from your employer, pay stubs, and your employer’s records. We can assist you in compiling a comprehensive suit that aims to help you recover the total compensation you are owed from your employer.

Building Your Wage and Hour Claim in Orange County

To start building your case, it is important to document as much as possible pertaining to your situation. Keep organized records of all your pay stubs, communications from your employer, and any other documentation pertinent to your case. Reviewing relevant California labor laws can also help you prepare for your claim, and you should consult with an Orange County wage and hour lawyer as quickly as possible so they can begin building a cohesive claim for you.

It is generally advisable to try to resolve disputes internally with an employer if possible. In some cases, wage and hour disputes result from honest mistakes like miscalculations or incorrectly recorded time cards. However, if you cannot resolve your situation in this manner, you will need to prepare a wage and hour claim with the help of an experienced wage and hour attorney.

The team at Hennig Kramer LLP, is ready to assist you with resolving your case. Our goal is to help you recover the compensation you are owed as quickly as possible and streamline your proceedings in whatever way we can, reducing the time it takes to settle the matter with your employer.

FAQs

Q: What Is the Minimum Wage in California?

A: The minimum wage in California is the lowest amount that must be paid per hour of work. As of January 1, 2024, the minimum wage for most types of employment in California is $16 per hour. However, there are special minimum wage requirements for certain types of work and certain types of employees. If you believe an employer has violated California’s minimum wage law, consult an Orange County wage and hour lawyer as quickly as possible.

Q: What Breaks Are Required for Employees in Orange County?

A: Specific breaks are required for employees in most types of employment in Orange County based on the time they are required to spend working. The break requirements for most employees include one paid 30-minute meal break when working more than five hours in a day, an additional 30-minute unpaid meal break when working 10 or more hours in a day, and a paid 10-minute rest break for every four hours of work, or major fraction thereof. Meal breaks are an essential part of ensuring employees have adequate time to rest and refuel during their shifts.

Q: What Should I Do if My Employer Has Changed My Time Card?

A: If you believe your employer has changed your time card to avoid paying overtime or to cover other wage and hour violations, it is crucial to consult an Orange County wage and hour lawyer as quickly as possible. They can help you gather the proof you need to reconcile the differences you noticed on your time card and determine whether your employer has intentionally violated California wage and hour laws.

Q: What Is the Statute of Limitations for Wage and Hour Laws in California?

A: The statute of limitations for wage and hour laws in California dictates the time limit an employee has in which to file a claim for unpaid wages or other wage and hour violations. In most cases, the statute of limitations is three years. However, if the employee had a written employment contract with their employer, the statute may extend to four years following the date of the most recent wage and hour violation.

Different claims have different statutes of limitations. Contact an experienced employment lawyer to help determine the applicable statute of limitations for your claims.

Q: Why Should I Hire an Orange County Wage and Hour Lawyer?

A: You should hire an Orange County wage and hour lawyer because navigating this type of case would be very challenging on your own. You may need assistance not only with accurately calculating the amount you are owed but also in navigating the state laws that apply to your situation. An Orange County wage and hour lawyer on your side significantly improves your chance of success with your claim.

The attorneys at Hennig Kramer LLP, provide comprehensive and responsive legal counsel in Orange County employment law.  we have successfully resolved many wage and hour claims to help our clients secure the unpaid wages they are rightfully owed. If you believe you have grounds for legal recourse against an employer, our team can help. Contact us today to schedule a free consultation with our Orange County wage and hour lawyers.