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 levels to make sure 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 they hope their employees will not notice. If you think your employer has ever shortchanged you or failed to pay you at all, seek legal assistance from a Sacramento wage and hour lawyer. They can pursue what you should have already had.

The Fulton Law Corporation has more than 20 years of experience in helping employees recover the 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.

Your time is valuable, make sure you’re paid fairly. Connect with a trusted Sacramento wage and hour lawyer at the Fulton Law Corporation to seek the justice you deserve.

*Past results do not guarantee future outcomes. Every case is different, and settlements or verdicts depend on the specific facts and circumstances involved.*

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. This can happen in several ways:

• 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 who are 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 involves employers who misclassify their employees. This is usually done to avoid paying overtime wages and certain kinds of taxes, such as the payroll tax.
• Meal and rest break violations. California employers are generally required to provide nonexempt employees with meal and rest breaks during qualifying shifts. Employers sometimes violate these laws by requiring workers to remain on duty during breaks, interrupting meal periods, or discouraging employees from taking legally required breaks altogether.
• Minimum wage violations. Employers may also violate wage and hour laws by paying employees less than the applicable minimum wage, which can vary from city to city. These violations can occur when employers improperly deduct wages, require overtime work, or fail to compensate employees for mandatory job-related tasks. Employees working in restaurants, retail, or healthcare may be vulnerable to these violations.
• Off-the-clock work. Some employers attempt to reduce labor costs by expecting employees to perform duties before clocking in or after clocking out. This may include preparing workstations, answering emails, attending meetings, cleaning equipment, or completing paperwork without compensation. Even small amounts of unpaid time can accumulate into significant wage losses over time.
• Unpaid final wages. California law generally requires employers to provide final paychecks within strict deadlines after an employee resigns or is terminated. Some employers violate these requirements by delaying final payments, withholding accrued vacation pay, or refusing to compensate workers for earned wages after separation from employment.
• Tip and gratuity violations. When employers unlawfully withhold tips earned by employees, they could violate California wage laws. Restaurant workers, bartenders, hotel staff, and other service industry employees are especially vulnerable to these violations. California law places significant restrictions on how employers may handle gratuities and tip pools.
• Failure to provide accurate wage statements. Employers are generally required to provide employees with itemized wage statements showing hours worked, wages earned, deductions, and other payroll information. Inaccurate or incomplete pay stubs can make it difficult for workers to determine whether they were properly compensated, and this practice may violate California labor laws, especially when it is done deliberately.

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. They also 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 regarding 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 Sacramento, California, so it’s smart to consult with a wage and hour violations lawyer in this city if you might be 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 your 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.

California Wage and Hour Violations

One 2024 California employment study found that 46% of workers who participated in the report said they had experienced a serious violation of the Fair Labor Standards Act. An additional 41% of workers in California reported that their paid sick leave rights were violated, and 58% said they experienced paid rest break violations. These findings highlight persistent noncompliance with state labor laws. They also underscore the importance of continued enforcement to protect workers’ rights.

Protect your rights and recover what you’re owed. Schedule a free and confidential consultation with a Sacramento wage and hour attorney at the Fulton Law Corporation to explore your legal options today.

Why You Should Hire a Wage and Hour Lawyer

Sacramento’s economy relies on sectors that historically have seen wage and hour violations. The food service industry, for example, generated about $2.035 billion in sales in 2022. Whether you live or work in Midtown, Natomas, Land Park, or elsewhere in Sacramento, you have the right to hire a wage and hour lawyer to manage your case.

When you work with an experienced Sacramento wage and hour attorney, you benefit from their many years of experience and knowledge of wage and hour laws. Employment law attorneys handle many types of complex wage and hour cases, so they can build a case that pursues your rightful compensation.

Employers and insurance carriers often have legal teams working to minimize liability and reduce the amount they may owe to their workers. Employees who attempt to handle wage disputes on their own may face challenges with gathering payroll records, proving unpaid hours, or responding to employer counteraccusations.

A wage and hour attorney can:

• Preserve evidence.
• Identify labor law violations.
• Calculate unpaid wages.
• Advocate for their client throughout the process.
• Manage negotiations or litigation.
• Explain the benefits and potential setbacks of accepting a settlement.

Legal support can have a key role in preventing potential setbacks and delays to your case. An experienced attorney can assess your case to determine whether they should start with:

• Direct talks with the at-fault party
• An administrative complaint
• Direct civil court action

Once that process is started, your lawyer can guide it with a focus on seeking fair compensation and other forms of relief.

FAQs

What Is the 7-Minute Rule in California?

This rule generally describes certain time-rounding practices. Under this approach, employers may round employee time entries to the nearest quarter hour under limited circumstances. California law does not specifically recognize a formal 7-minute rule, and the courts have become critical of rounding policies that disadvantage workers.

When employers use rounding practices to underpay employees or avoid overtime obligations, it can lead to violations of state employment laws.

When Is an Employee Entitled to Overtime Pay in California?

Yes. In California, nonexempt employees have the right to overtime pay when they work more than eight hours in a workday or more than 40 hours in a workweek. Employees may also qualify for double-time pay in certain situations involving extended work hours. Employers sometimes violate overtime laws by misclassifying workers, requiring off-the-clock work, or failing to accurately track employee hours.

Are Employers Required to Provide Meal and Rest Breaks in California?

California employers are generally required to provide qualifying employees with meal and rest breaks, depending on the length of the shift. Employers may violate these requirements by:

• Interrupting breaks
• Discouraging employees from taking breaks
• Requiring workers to remain on duty during unpaid meal periods

Failure to provide compliant breaks can lead to wage and hour claims and additional compensation obligations.

What Is Reporting Time Pay in California?

Reporting time pay may apply when an employee reports to work as scheduled, but they are then sent home early or provided with substantially fewer hours than expected. California law may require employers to compensate workers for part of the scheduled shift under certain circumstances. These laws are intended to protect employees from losing wages after making themselves available for scheduled work assignments or shifts.

What Should I Do Following a Wage or Hour Incident?

If you were subjected to a wage or hour violation in California, start by preserving evidence. This could include emails, text messages, performance reviews, names of potential witnesses, and other key evidence.

Alert your employer through the appropriate channels, which could include notifying HR about the wage theft violations. If your employer fails to address the matter, you can pursue further actions with an employment law attorney.

If You Need Legal Assistance, Contact Us for Help!

If you believe your employer may have 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 pursue fair and just compensation that includes the recovery of their unpaid earnings. Contact our Sacramento wage and hour lawyer today.

Sacramento Wage and Hour Lawyer Reviews*

* Client testimonials reflect individual experiences and do not guarantee a similar outcome.

Sacramento Wage and Hour Resources:

• California Workers’ Rights
• FAQ: Employee Wage & Hour Rights in California
• What Are My Rights as an Employee in Sacramento, CA
• When Must Overtime Be Paid?
• How Much Time Can Teenagers Work on a Film Set?
• How To File a Wage Claim in California?
• How Much Does an Employment Lawyer Cost in California?
• How Do Tips Factor Into an Hourly Wage?