Trusted California Lawyers Protect Employers from Wage and Hour Claims
Highly qualified Pleasanton legal team helps businesses avoid harsh penalties
California has some of the most worker-friendly employment laws in the United States and businesses need to understand the rules. A violation of California’s wage and hour laws can be costly, particularly if multiple claimants make similar allegations of unlawful conduct. The employment law attorneys of Garcia & Gurney, A Law Corporation help Silicon Valley and Bay Area organizations establish legally sound policies and practices in regard to overtime pay, commissions and other relevant issues. From our office in Pleasanton, we also defend companies against wage and hour claims.
Focused attorneys advise employers on preventing wage and hour violations
Ensuring compliance with state and federal labor laws should be a priority for every company. We advise businesses on their legal obligations in regard to:
- Minimum wage — California employers with 26 employees or more must pay a minimum wage of $14 per hour in 2021 and $15 per hour in 2022. Employers with 25 or fewer employees must pay a minimum wage of $13 per hour in 2021 and $14 per hour in 2022. By January 2023, all employers must maintain a minimum wage of $15 per hour. Tips do not qualify as credit toward minimum wage.
- Overtime — California employees have a right to overtime pay if they work more than eight hours in a day, more than 40 hours in a week or more than six days in a workweek. Standard overtime pay is one and a half times the usual hourly rate. An employee may be eligible for double the usual rate if they work more than 12 hours in one day or more than eight hours on the seventh consecutive day of a workweek.
- Commission — An employer that pays an employee either partially or completely in commission must have a written commission agreement with the employee. This contract must state how commissions are earned, the method used to calculate the commission and how and when the employee will be paid. All earned commissions must be paid in accordance with the agreement.
- Meal and rest periods — Every California employee is entitled to a paid 10-minute rest break for every four-hour work period. Employers must provide an unpaid 30-minute meal break for any shift that is five hours or longer, and two meal breaks for a shift that exceeds ten hours. If a shift is more than five hours but no more than six, the employee and employer can agree to waive the meal period.
Our employment law attorneys work with business owners and managers to establish internal documents, contracts and workplace policies intended to protect employers from allegations of unlawful compensation practices. When the law evolves, we help our clients keep up with the times.
Reputable East Bay law firm responds to accusations of employer wrongdoing
Businesses that violate California’s wage and hour laws are usually ordered to make financial redress. Sanctions can include an order to provide back pay for unpaid wages, overtime or commissions. You could also be forced to submit compensation for the failure to provide meal or rest breaks or to reimburse an employee for necessary work expenses. In addition, you may be ordered to pay a hefty penalty to the State of California. Penalty amounts are determined based on the number of violations that occurred.
When you learn of an employee’s unpaid wage claim, you should consult a qualified employment attorney. Our firm can evaluate the legitimacy of the claim and will work to find a solution in the best interest of your company.
Contact a Pleasanton wage and hour claim attorney to schedule a consultation
Located in Pleasanton, California, the employment attorneys of Garcia & Gurney, A Law Corporation have extensive experience advising Silicon Valley business owners on wage and hour claim issues. To schedule a consultation with a member of our team, call 925-468-0400 or contact us online.