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Wage and Hour Lawyer in San Bernardino, CA

In the state of California, each employer is legally responsible for paying their employees the appropriate wage for their position. In some cases, employers and employees have agreed upon contracts of employment written before work begins, and in others, you may be paid a salary or hourly wage.

Unfortunately, not all employers are honest people. It is not entirely uncommon for employers to use tactics to cheat employees out of their hard-earned pay. If you have been asked to work off the clock, at home, or not reimbursed for required travel, there is a high likelihood that you are owed wages by your employer. The wage and hour attorneys at the Azadian Law Group, PC, have years of experience getting people like you the pay they deserve.

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Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a piece of federal legislature that establishes national standards for approved overtime, minimum wage, youth employment practices, and record keeping. All employers in the private sector, local government, state, and federal governments must adhere to the laws set in place by the FLSA. In the event that the state’s minimum wage is higher than the federal wage, like here in California, the FLSA states that an employee is entitled to the higher wage.

If you believe that your employer either intentionally or accidentally violated laws outlined in the FLSA, it is your right and duty to report them to the Wage and Hour division of the Department of Labor. You also have the right to file a civil claim against them in a court of law in order to recoup your lost wages.

Common Types of Wage and Hour Claims in San Bernardino, CA

There is a wide variety of types of wage and hour claims. Some of the more common types of wage claims include:

  • Failure to pay minimum wage. In California, the state’s minimum wage is higher than the federal minimum wage. Your employer is required by law to pay you the higher wage. Right now, the minimum wage in California for employers with 25 or fewer employees is $14. For employers with 25 or more employees, the minimum wage is $15. In the case of temporary employees, the wage is set at $13.
  • Failure to pay overtime. For all hours worked over 8 hours in any given workday or 40 hours in a given workweek, employees are required to be paid 1.5 times their regular pay rate. If they work over 12 hours in a day, they must be paid twice their regular rate.
  • Forcing employees to work off the clock. It is highly illegal to force your employees to work without pay. Sometimes, employers get away with this by not paying employees for the time it requires to prepare for the workday. If you have to put on protective equipment, set up machines, log into a secure server, or prepare merchandise for your job, you should be paid for that time.
  • Refusal of meal breaks. In California, non-exempt employees are entitled to one unpaid 30-minute break and two paid 10-minute rest breaks during an 8-hour shift. During your lunch and paid rest breaks, your employer must relieve you of all of your work duties and permit you to choose how you spend your time.
  • Failure to reimburse expenses. Your employer is required by law to reimburse you for any business or work-related expenses, like uniforms or equipment. If you must drive or travel for work outside of your regular commute, your employer must pay for expenses acquired, including mileage put on your vehicle.
  • Unlawful deductions. It is important that you frequently check your pay stubs, which your employer is required to give you by law. If your employer is taking deductions from your paycheck for an unknown reason, it is best to figure out what it is. If they are charging you for time spent training, or materials used in a non-exempt workspace, those could be unlawful deductions.
  • Misclassification of employees. Employers will try to misclassify employees as independent contractors in order to get out of paying certain taxes and providing certain benefits. If your employer tells you when, where, and how to work, you should not be classified as an independent contractor.
  • Manipulation of time clock records. It is forbidden by law for your employer to manipulate your time clock records without your agreement. For example, adjusting a missed punch is perfectly acceptable, but rounding down punches to the nearest .00 or .05 is illegal.

Why Should I Hire an Hour and Wage Attorney in San Bernardino, CA?

The California labor legal system can be a complex, confusing process for someone that doesn’t have the proper training to take it on. If you attempt to file a case against your employer for hours and wage violations on your own, there is a very high chance your efforts will be in vain. Going into a legal battle against an employer without the help of an experienced attorney can almost be a failure right from the start.

Having the professional and compassionate hour and wage attorneys at Azadian Law Group, PC on your side is the quickest way to victory. Our attorneys and staff want to fight for you and get you the compensation you deserve. Your own legal team can help you collect the necessary evidence, file paperwork appropriately, and give you the confidence you need to face your employer in court.

What Sort of Compensation Will I Get?

When you file a claim against your employer to hold them accountable, the first thing you will want to seek is your unpaid wages. This can include everything from regular wages to unpaid overtime pay and specific bonuses. An investigation into your case can provide the full scope of the wages that we will be filing a claim against them. In addition, you may also be able to require them to pay you interest on any unpaid wages that you are owed.

Although seeking compensation for unpaid wages is the goal of this claim, you may also be able to require your employer to pay your legal fees and court costs that have accrued while filing your claim. If your employer’s refusal or inability to cooperate led to hardship in your life, you may also be able to seek damages for any pain or suffering you had to endure.

In some situations, hour and wage claims can get tangled into wrongful termination lawsuits, and you may be able to seek a larger number of damages. If you approached your employer and confronted them regarding your unpaid wages and found yourself terminated from your position shortly after, you may have a case. If the attorneys at Azadian Law Group can find evidence that proves your employer fired you because you were demanding to be paid your wages, they could be liable for a significant sum of damages from more than one case.

FAQs About Wage and Hour Law in San Bernardino, CA

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In the state of California, wage and hour lawyers either charge by a flat rate, by the hour or with a contingency fee. Flat rates are typically set by an attorney depending on the specific case or situation. For wage and hour lawyers, the average hourly rate for an attorney ranges from $350-$475 per hour, depending on experience. If your attorney is charging you a contingency fee, that means that if you win a settlement, you agree to pay them a certain percentage of it.

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When looking for a wage and hour attorney to retain, you will want to find someone who is thoroughly knowledgeable on both the Fair Labor Standards Act (FLSA) and the regulations of the California Division of Labor Standards Enforcement (DLSE). In addition, you will want to make sure they have a successful track record when representing their clients in court.

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If your employer is headquartered in California, but you work at a location in another state, it is very likely that they may be following the same hour and wage laws that they have in California. If you are a California resident working in another state, the laws of that state or the state where the company is located could apply.

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After you have a consultation with one of the wage and hour attorneys at Azadian Law Group, we begin an investigation into your case. If we are able to find enough evidence to support your claim, there is a good chance that you will have a case, and we can file a claim.

Contact Us Today

It is highly illegal on a federal and state level for your employer to withhold wages from you. You work hard for your money. Don’t allow your current or former employer to get away with not paying your hard-earned wages. The San Bernardino wage and hour attorneys at Azadian Law Group, PC, want to ensure you get the wages you deserve. Contact us today to set up a free consultation.

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