Wage and Hour Litigation

The federal Fair Labor Standards Act and other regulations set forth minimum standards regarding wages, hours and other labor practices for employers throughout the United States. The California Labor Code imposes additional requirements on employers over and above the federal law. California's wage and hour laws are among the most protective in the nation. The obligations California employers owe to their employees are detailed and complex.

The lawyers at Rukin Hyland Doria & Tindall, have recovered millions of dollars in unpaid wages on behalf of California employees in class action litigation. We have also successfully resolved many wage and hour claims for individual employees — both by filing claims with the California Division of Labor Standards Enforcement and by bringing lawsuits in California courts.

The employment law attorneys at Rukin Hyland Doria & Tindall represent employees in wage and hour claims, including claims for:

• Minimum wages — Although there are some exceptions, almost all employees in California must be paid the minimum wage as required by state law. Effective January 1, 2008, the minimum wage in California is $8.00 per hour.
• Unpaid wages — It is a violation of California's labor laws for an employer to fail to pay wages in a timely manner, including commissions and bonuses owed to workers.
• Overtime pay — In California, employers must generally pay workers at an overtime rate for hours worked in excess of 8 hours per day or 40 hours per week.
• Meal and rest breaks — Generally, if an employee works more than 5 hours per day, the employer must provide a 30 minute meal break. A ten minute rest break must generally be given for every 4 hours of work. Read San Francisco Daily Journal Article about punitive and compensatory damages awarded against Wal-Mart to workers denied meal breaks.
• Working off the clock — Some employers illegally require workers to perform work prior to clocking in or after their shift is over without pay.
• Reporting time pay — If an employer requires an employee to report for work for less than half of his regularly scheduled hours, the employer must pay the employee for one half of his normally scheduled workday (at least 2 hours but not more than 4 hours).
• Reimbursement of business expenses — Employers must reimburse workers for expenses they incur as part of their jobs, such as travel expenses (but not commuting costs), cell phone usage, entertainment costs, etc.
• Prevailing wages — An employer with a public works contract with a California governing body must pay its workers the prevailing wage, which is a minimum wage set by the Department of Industrial Relations.
• Unauthorized deductions from paychecks -- Generally, an employer may not deduct from an employee's wages any monies the employee owes to the employer. Instead, the employer is required to seek payment using the same procedures as any other creditor of the employee.
• Final paycheck — Employers must pay employees for all hours worked and any unused and unpaid vacation hours upon termination of employment.

California law also prohibits retaliation against an employee who inquires about unpaid wages or files a complaint about an employer's violation of the wage and hour laws.

To discuss your wage and hour claim or claim related to any violation of California's Labor Code, contact us to schedule a consultation with one of our lawyers.