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Wage and Hour Law
Wage and hour law in California is very technical. Federal law regulates many aspects of it, but California law regulates those areas that federal law does not. Additionally, in most cases, even in areas already regulated by Congress, California law provides more protections for workers. Thus, in most cases, California’s more worker friendly laws will apply. In addition, some cities in California have still more worker friendly laws than even California does. For instance, in San Diego, the city gives workers a higher minimum wage and more sick leave. In a few years, the California minimum wage will probably be greater than the San Diego minimum wage, but as of 2016 and into the immediate future, it does not. Both employers and employees should be aware of the differences among, and interplay with, federal, state, and local laws.
The overlap of federal, state, and local laws is confusing. However, the confusion gets worse because the legislatures at all levels pass new employment laws or change old ones. Read our blog posts about yearly changes in the law. How can a well-meaning employer keep up with the changes? One way is to call us to discuss how the changes in employment laws affects you. Even then, you sometimes find yourself facing a Labor Commissioner (DLSE) claim, a claim before another government agency, or law suit. We help with those situations too.
At Employment Law Office of Ward Heinrichs, our California wage and hour law attorneys spend most of their time litigating and resolving wage and hour disputes. We are a class action employment law firm that helps employees form classes and bring wage and hour claims against unlawful employment practices.
We at Employment Law Office of Ward Heinrichs understand the California and federal employment laws. We also understand the practical realities of the workplace and how technical wage and hour violations show up at work, damaging individuals and groups of employees. We use this knowledge to develop a case strategy that will help you get the best recovery in the least amount of time. We want to see you paid fairly for the work you did, and we want to see it happen as soon as possible.
Were you paid less than California’s minimum wage? California’s minimum hourly wage as of 2017 is $10.50 per hour for employers who employ more than 25 employees. In 2018 it will increase for all California employers. By 2023 it will reach $15.00 per hour for all employers. Those increases may also affect certain commission plans and will affect the minimum salary level of exempt employees. If you did not receive the lawful rate of pay, you have a right to demand it. The scheduled increases of the California minimum wage are below.
Were you paid less than California’s minimum wage? California’s minimum hourly wage in 2017 was $10.50 per hour. Certain commission plans and other arrangements may violate the minimum wage law. If you did not receive the lawful rate of pay, you have a right to demand it.
Were you properly paid for overtime? If you are a nonexempt employee, you must be paid overtime for any hours you work over 8 hours in one day or over 40 hours in one week. Any hours worked over 12 hours in one day require double time. If you did not receive overtime, you have a right to demand it. This includes hours that you felt forced to “volunteer” for your company and time spent working through meal periods. Even some salaried employees are entitled to overtime pay. Your overtime pay must be paid promptly. Employers cannot ask you to wait to be paid overtime.
Did your employer prevent you from taking adequate lunch breaks or rest breaks? Any employee who is not an exempt employee is entitled to a 30-minute meal break for every five hours they work and a 10-minute paid rest break for every four hours they work. Has your employer or the circumstances of your employment caused you to miss lunches or breaks? Contact us.
Were you reimbursed for your company-mandated expenses? Company-mandated expenses include tools and equipment, mileage traveled while on-the-job, work related seminars, safety equipment and more. If your employer does not reimburse you for your job-related expense, we can help you bring a claim.
Did you receive the bonus or commission that you rightfully earned? If you were promised a bonus or commission that you worked hard to earn, an employer’s refusal to pay that bonus may be against the law.
Did you know you are also entitled to be compensated for show-up time (the time it took waiting around to see if there was work to do), the time it took to change into your required work uniform, and the time it took to drive from one office to the next?
Future Increases in the California Minimum Wage
For employers who employ at least 26 employees:
1. On January 1, 2017, the minimum wage will increase to $10.50 per hour.
2. On January 1, 2018, the minimum wage will increase to $11 per hour.
3. On January 1, 2019, the minimum wage will increase to $12 per hour.
4. On January 1, 2020, the minimum wage will increase to $13 per hour.
5. On January 1, 2021, the minimum wage will increase to $14 per hour.
6. On January 1, 2022, the minimum wage will increase to $15 per hour.
For all other employers, the minimum wage will increase on this schedule:
1. On January 1, 2018, the minimum wage will increase to $10.50 per hour.
2. On January 1, 2019, the minimum wage will increase to $11 per hour.
3. On January 1, 2020, the minimum wage will increase to $12 per hour.
4. On January 1, 2021, the minimum wage will increase to $13 per hour.
5. On January 1, 2022, the minimum wage will increase to $14 per hour.
6. On January 1, 2023, the minimum wage will increase to $15 per hour.
Initial consultations are always free.
For more information, you can contact us at: 858-292-0792
Employment Law Office of WARD HEINRICHS
4565 Ruffner St. Suite 207 San Diego 92111
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The Attorneys at the Employment Law Office of Ward Heinrichs are advocates on behalf of clients throughout CA, including San Diego, Santa Ana, Anaheim, Irvine, Newport Beach, Burbank, Santa Monica, Compton, Pasadena, San Fernando, Long Beach, Glendale,El Centro, Brawley, Imperial, Calipatria, Blythe, Calexico, Indio, Palm Desert, Palm Springs, Hemet, Beaumont, Cathedral City, San Bernardino, Riverside, Corona, Lake Elsinore, Temecula, Perris, Big Bear, Sun City, Ontario, San Clemente, Ocean Side, El Cajon, Escondido, Chula Vista, Los Angeles and Orange County.