Sacramento Wage and Hour Lawyer

Sacramento Wage and Hour Attorney

Helping Clients Get Paid for What They’re Owed

Wage and hour laws exist at the state and federal level to ensure that people are properly and fairly compensated for their labor. Despite these protections, unscrupulous employers engage in shady wage practices to cut down on costs and hope their employees will be none the wiser. If you think your employer has ever shortchanged you or failed to pay you at all, seek legal assistance with a Wage and Hour lawyer to recover what you’re owed.

The Fulton Law Corporation has more than 20 years of experience helping employees recover unpaid wages they were rightfully owed. Employers that paid employees anything less than what they earned can be held liable for wage theft, and employees can seek fair and just compensation for this treatment.

Rest assured that when you choose our Sacramento wage and hour attorneys to represent your side in a dispute, we’ll aggressively pursue your employer for payment of wages plus any other applicable monetary damages.

What Is Wage Theft?

Wage theft and violations of wage and hours laws are one and the same. When your employer takes deliberate action to pay you less than what you’re really owed, they have effectively stolen your wages in violation of wage and hour laws.

Overtime Violations

Violations of overtime laws are among the most common claims in this area of employment law. The Fair Labor Standards Act (FLSA) provides that employees not exempted from overtime be paid 1.5 times their standard pay when they work any hour in excess of 40 per workweek. In Sacramento, California, overtime is awarded for any time worked in excess of eight hours per day in a workweek.

Employers may violate overtime laws by paying the employee’s standard rate for all hours or failing to compensate for overtime hours at all. They may also try to skirt overtime laws by misclassifying their employees.

Employee Misclassification

Another common violation, employers misclassify their employees to avoid paying overtime wages and certain kinds of taxes, such as the payroll tax.

Exempt vs. Nonexempt

Typically, wage earners and those who work “on the clock” are considered nonexempt employees because they are not exempted from any overtime laws. When these employees work in excess of eight hours per day in California, they are entitled to overtime pay. Additionally, nonexempt employees must be provided with rest breaks and meal periods according to California labor laws. This contrasts with exempt employees who aren’t typically paid overtime because they’re already highly compensated managers, executives, and professionals who spend most of their time exercising independent judgment and making important decisions for the company.

Employers like to elevate the job descriptions of certain employees to make them seem like exempt positions when, in reality, they are not. If they can get away with it, this means employers save on costs by skirting overtime laws.

Independent Contractors

An independent contractor is someone who is not an employee but works for a company as a consultant. Because these workers are not employees, companies don’t have to pay them overtime wages or even certain taxes. This combination makes purposeful misclassification of employees as independent contractors all the more tantalizing to dishonest employers.

Under California’s ABC test, an independent contractor is a worker who:

• Is free from the employer’s control and direction with regard to how they perform their work
• Performs work that is different from what the employer does as a business
• Is customarily engaging in an independently established trade, occupation, or business that’s similar to the work done for the employer

There have been a lot of recent developments and lawsuits regarding employee misclassification in California, so it’s best to consult with a wage and hour violations lawyer in Sacramento if you believe you were misclassified.

Working off the Clock

Major companies have been hit hard in the past for requiring their employees to perform certain duties and tasks “off the clock.” From the time you enter your workplace to the time you leave, you should be compensated for each second. This includes the time it takes to put on special gear or to close the business for the night.

Illegal Pay Deductions

Generally speaking, pay deductions should be rare. The most common you’ll encounter are those for tax withholding or the employee’s contribution to certain benefits (as long as the employee opted-in to them). Certain professions and industries may have companies making legal deductions for employee housing and utilities, while others that have a cafeteria may charge the employee’s tab against their paycheck.

The above examples are all legal deductions, but the following are not:

• Tips and other gratuities
• Business expenses
• Medical or physical exams
• Uniforms
• Bonds

Minimum Wage Violations

Paying employees below the minimum wage is illegal. When an employee’s gross earnings for the hours they worked is less than what they would have earned at the minimum wage rate for the same number of hours, they should consult with  wage and hour violations attorneys in Sacramento to discuss their options.

Need Legal Assistance? Contact Us for Help!

If you believe your employer has violated wage and hour laws to avoid paying you what you earned, reach out to the Fulton Law Corporation for help. We have more than 20 years of experience helping our clients fight for fair and just compensation that includes the recovery of their unpaid earnings. Contact our Sacramento wage and hour lawyer today.