Wage and Benefit Information

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Unemployment compensation is intended to protect workers who lose their jobs through no fault of their own. While the exact laws vary from state to state, unemployment laws usually cover a worker who held a job for a certain length of time but lost that job involuntarily, for reasons other than misconduct. The unemployed worker receives payment of cash benefits, fixed as a certain percentage of the employee's earnings, for a specific period. If you have recently become unemployed, you should learn your state's requirements for claiming unemployment benefits and what to do if your claim is challenged. You need to know what your rights are and how you can best protect those rights.

If your employer has denied you employment rights and benefits, call on Rukin Hyland Doria & Tindall LLP to discuss your potential state or federal wage and hour claim. Call our law firm in San Francisco, California, at (415) 421-1800 or contact us.

Frequently Asked Questions about Wages and Benefits

Q: How often does the minimum wage increase?

A: There is no set schedule for federal minimum wage increases. The federal minimum wage does not change unless Congress passes a law to change it. It was set at $5.15 per hour for 10 years until it was raised on July 24, 2007, to $5.85 by the Fair Minimum Wage Act of 2007. The Act scheduled additional 70 cent increases to take place on the same date each in 2008 and 2009. Most states also have enacted minimum wage provisions, several of which require higher minimum wages than the federal rate. In a given state, the higher of the state or federal rate will apply.

Q: What is the "prevailing wage?"

A: Some laws require that private employers with government contracts pay their employees no less than the usual wages or fringe benefits that comparable workers in the locality are paid. This amount, called the "prevailing wage," is determined by government regulation, and applies only to workers employed under a government contract.

San Francisco, California, Wages and Benefits Lawyers

If you have been denied compensation for unpaid wages, or for overtime wages, bonuses, or commissions, you are entitled under both state and federal law to seek recovery. The employment law attorneys at Rukin Hyland Doria & Tindall LLP in San Francisco represent California employees in wage and benefits claims when their employers' pay or labor practices do not comply with the law.

Wages and Benefits - An Overview

California attorneys at Rukin Hyland Doria & Tindall LLP in San Francisco represent employees throughout the Bay Area who are unlawfully treated by their employers with regard to wages and benefits to which they are legally entitled. Our lawyers have recovered millions of dollars on behalf of clients and have successfully resolved numerous wage / overtime claims.

Getting paid the wages you deserve, and getting the benefits you are entitled to receive, are important topics for most workers. Determining what we deserve, and what we are entitled to, has become increasingly complicated. Rules on wages have changed over the years, and the laws and rules that govern benefit plans are very complicated and difficult to understand. An attorney with a background in employment law can help you cut through the confusion and determine you what you are entitled to receive.

Wages

Federal and state law set out in detail the minimum wage every worker is entitled to receive. The laws also define the workers who are entitled to receive overtime pay for working longer hours. Unfortunately, whether they do so intentionally or not, many employers fail to comply with these legal requirements. Common violations of the law on wages include:

not paying the correct minimum wage.
paying the lower, training wage to workers who should be paid more.
not paying overtime.
making employees work "off-the-clock," and not paying them for it.
deducting too much for tips.
deducting for wages paid in goods, such as meals or food.

Employees should know their rights. The wage and hour laws are meant to protect employees, and to make sure that their employers treat them with some degree of fairness. You are entitled to receive fair pay for your work, and the laws exist to help you. Do not hesitate to take advantage of those laws.

Benefits

The term "benefits" is a broad one. It covers anything an employee receives other than cash wages. Some benefits-such as family or medical leave-are required by law. These benefits generally do not cost your employer anything, except perhaps your time away from work. If you are an employee covered by a law that requires a certain benefit, such as leave for certain purposes, your employer must allow you to take advantage of that benefit with no penalty to you.

Some benefits are optional, and are a matter to be negotiated by you and your employer. These benefits include medical, disability, or dental insurance, life insurance, or a pension plan. Although these benefits are optional, in that the employer is not required by law to provide them, an employer who does choose to provide them must follow certain legal rules and regulations. These rules and regulations are extremely complex and technical. They provide, among other things, that you are to receive notice of what your benefit plan is, and what it covers. The law requires that you be given an opportunity to understand what the benefits are that you earn by working for your employer.

Conclusion

Understanding your rights under the laws that govern wages and benefits is not an easy task. The rules are complicated, and easily violated, even if your employer does not intend to violate them. An attorney with experience in employment law can work with you so that you understand your rights and what you are entitled to receive.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Rukin Hyland Doria & Tindall LLP
100 Pine Street, Suite 725
San Francisco, CA 94111
415-421-1800