Wage and Hour Attorney

In California, many employees and employers do not understand the complicated wage and hour laws.  Since nobody likes to work for free, you should contact a Wage and Hour Attorney at Freiman Law to handle issues that occur when:

  1. Your employer failed to provide sick pay leave
  2. Your employer failed to appropriately classify you as an employee or independent contractor
  3. Tax Implications of misclassification of employee or independent contractor
  4. Your employer failed to pay overtime
  5. Your employer failed to pay the appropriate minimum wage
  6. Your employer failed to provide the required mandatory breaks
  7. Your employer failed to reimburse business expenses

The wage and hour laws in California require every employer to pay no less than the minimum wage set by law.  The right to be paid minimum wage cannot be waived, altered or negotiated away, meaning that the employee and employer cannot agree orally or in writing to a lower wage. Wage and Hour Attorney, Michael J. Freiman, can assist you with your minimum wage  claims.

Minimum wage is governed by federal, state, county, and municipal regulations.  The effect of this multiple coverage is that the employer must pay the highest minimum wage dictated by law.  For 2010, the United States minimum wage is $7.25 per hour and the California minimum wage is $8.00 per hour.  All employees are protected by minimum wage laws regardless of whether they are here legally or illegally, and therefore illegal immigrants can sue under wage and hour laws just like any other employee.  If you have been denied minimum wage, contact Wage and Hour Attorney, Michael J. Freiman.

Overtime is mandatory for any time worked by an employee in excess of 8 hours during any workday, 40 hours per week, and for the first 8 hours on the seventh consecutive day worked by the employee in a work week.  Since these requirements are independent, each one entitles an employee to overtime.  If you have been denied overtime pay, contact Wage and Hour Attorney, Michael J. Freiman.

Employers consistently misclassify employees as independent contractors.  These employers believe that this will exempt them from overtime pay and minimum wage.  An employee cannot become an independent contractor just by being classified as such, and while there is a complex analysis of whether a worker is an employee or an independent contractor, the status is primarily determined by how much control the worker has over the hours and manner in which he or she performs the work.

Employers misclassify hourly employees as salary employees.  Certain employees are exempt from overtime laws and are never entitled to overtime.  The exemptions from overtime apply to managers and other highly skilled employees.  To determine whether an employee is exempt, it is necessary to look at the actual day to ay work responsibilities.

Employers commonly fail to keep time records even though they are obligated by law to keep precise records of all hours worked by non-exempt employees.

If you are an employee and you believe that you have been treated unfairly in the workplace and have not been paid for the overtime, meal and/or rest time, vacation leave, sick leave or have any other questions about California wage and hour law, contact Wage and Hour Attorney, Michael J. Freiman at (310) 917-1024 or via the form on the right for a free consultation.

By Lawrence Freiman