Wage and Hour Attorney San Francisco
Wage and hour laws exist to ensure employees are paid appropriately for the time they’ve worked. They cover minimum wages, overtime pay, breaks, employee classification and other topics. There are federal laws outlining these standards, and some states also have more stringent regulations in place. If these standards are not upheld, substantial penalties may be imposed and your company may be at risk of facing litigation from employees.
Hiring Jordan Law Group can help in a number of ways. Partnering with the right law firm can reduce your chances of becoming the defendant in an employment lawsuit through proactive strategies. If a claim is filed, they can also represent you aggressively to protect your interests from individual or class action suits.
Are California Wage and Hour Laws Different?
Business in every state must comply with federal employment laws, but individual states may impose additional regulations that exceed national standards. California is one of these states. This makes it possible for employers to be compliant with federal standards but still not so with California labor laws.
For example, California’s minimum wage is higher than the federal regulation. The current minimum wage in California is $9 an hour, and will increase to $10 an hour on January 1, 2016. In California, tipped employees must also be paid this minimum wage, which is drastically higher than the lower minimum set by the Fair Labor Standards Act at the federal level.
California law also dictates that eligible employees must receive overtime anytime they work more than 8 hours in a 24-hour period, or 40 hours within a week. If the employee works more than 12 hours in a day, they must be paid double time. Overtime pay is also required for those working more than six consecutive days.
Moreover, California labor laws address length of pay periods, commissions, meal breaks, alternative workweek schedules and itemized wage statements. To avoid penalties you must understand these regulations. Jordan Law Group has the knowledge necessary to protect your company from seemingly minor violations that can turn into major issues.
Why Should I Worry about Employee Classification?
Employees are classified as exempt or non-exempt. This classification is important, because most wage and hour laws only apply to non-exempt employees. Typically, employees classified as exempt are paid a salary, and can be expected to work overtime without pay and are not guaranteed breaks like non-exempt employees are.
The danger for employers comes from the fact that it is very easy to misclassify employees. A single employee who is misclassified for several months or years can cost thousands in unpaid overtime when the mistake is discovered. Imagine if a group of employees have been misclassified. In many cases, this is brought to light through a class action lawsuit.
The employment law firm of Jordan Law Group can help ensure your employees are properly classified. They will be able to analyze the duties of each employee and determine how each position is classified according to both federal and state labor laws.
What are the Most Common Employment Related Lawsuits?
Since 2000, lawsuits filed against employers because of wage and hour issues have increased by about 400 percent. This doesn’t include any of the claims made based on state laws, although California has experienced a similar rise in filings. This means it is more important than ever before to ensure you are following both FLSA and California Labor Code standards.
The great majority of these claims are in the same areas where inadvertent violations are most likely to occur. The most common issues center on miscalculated or unpaid overtime, “off the clock” work and employees who have been improperly classified as exempt.
How Can an Experienced Employment Lawyer Help?
Jordan Law Group has experience in both federal and state labor laws. This knowledge can be used proactively, to prevent inadvertent violations and protect your company from facing penalties or suits. In the event violations have already been made, the attorney will help you determine the best route to rectify the situation in a way that protects your interests and also gives your employees the compensation they deserve. If you’re facing a class action lawsuit due to miscalculated wages or misclassification leads to overtime or other claims, the lawyer will have the experience and expertise necessary to represent you aggressively.
Jordan Law Group represents employers and employees in the San Francisco Bay Area. We have extensive experience dealing with wage and hour labor codes, both at the federal and state level. If you have questions about your company’s payroll practices or are concerned about possible violations, contact us today.