Employer Wage & Hour Attorneys in Santa Rosa, CA

Serving Businesses in Sonoma County & the North Bay Area

Wage and hour laws are a set of legal standards regulating the compensation of employees and the hours they work. These laws were enacted to protect workers from exploitation, ensure they receive fair pay, and prevent excessive work hours that could endanger their health and well-being.

Employers accused of violating state or federal wage and hour laws can face serious consequences that vary depending on the severity or frequency of the alleged offense. Employees have the legal right to compensation when complaints are brought before the Labor Commissioner or a lawsuit against an employer is filed in California civil court. 

Our team of skilled litigators at Smith Dollar can help you avoid such complaints through proper guidance and planning. We can also help you resolve wage and hour disputes through legal negotiations before they escalate into formal complaints. Our attorneys can investigate, prepare, and present your case to defend you before the Labor Board or in a civil trial when needed. 

Discuss your case with an employer-focused wage and hour lawyer in Santa Rosa during a complimentary consultation by contacting us at (707) 405-7391. 

CA & Federal Wage & Hour Laws for Employers

Both state and federal laws govern wages and hours. These include:

• Fair Labor Standards Act (FLSA): This federal law establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.
• California Labor Code: This state law sets the general minimum wage, overtime, meal and rest breaks, and other working standards in California. It often complements the FLSA with stricter standards.
• Wage Theft Protection Act of 2011: This law mandates that employers provide non-exempt workers with written notice when hiring, detailing important aspects of employment such as rate(s) of pay, allowances, the regular payday, and the employer's name and address. The aim is to guarantee transparency regarding wage-related information, making it harder for employers to underpay workers. The Act also imposes strict penalties on employers who fail to adhere to wage and hour laws, further deterring wage theft.

What Is the Difference Between Non-Exempt & Exempt Workers in California?

The distinction between non-exempt and exempt employees is crucial to wage and hour laws. Non-exempt employees are covered by California Wage and Hour laws and are entitled to overtime pay for hours worked beyond 8 hours in a day or the standard 40-hour workweek. This means if a non-exempt employee works more than 8 hours in a day or 40 hours in a week, they must be paid at least one-and-a-half times their regular rate of pay for each hour of overtime.

On the other hand, exempt employees are not covered by the California's overtime rules and are therefore not entitled to extra pay for overtime work. To qualify as an exempt employee, an individual must typically perform specific types of job duties and receive a salary that meets or exceeds a certain threshold. These job duties often fall into executive, professional, or administrative categories.

Common Wage & Hour Violations in CA

Employers may face several types of wage and hour violation claims, including:

• Non-payment of overtime: This occurs when an employer fails to pay a non-exempt employee the required one-and-a-half times their regular pay rate for hours worked beyond 8 in a day or 40 in a workweek. 
• Misclassification of workers: Employers incorrectly classify employees as exempt from overtime or as independent contractors. 
• Failure to pay minimum or prevailing wage: Employers pay workers less than the current legal minimum wage, or prevailing wage in the construction industry.
• Violations of meal and rest breaks: Under California law, non-exempt employees are entitled to uninterrupted meal breaks of at least 30 minutes after five hours of work and 10-minute rest breaks for every four hours worked. If an employer fails to provide these breaks or interrupts them, they can be liable for wage and hour violations. This can result in the employer owing the employee one extra hour of regular pay each day when the meal or rest period is not provided.
• Working off the clock: This involves an employee doing pre- or post-shift work, whether it involves paperwork, answering work emails or phone calls, preparing the worksite for the day’s activities, cleaning up a work environment after hours, or other work for which the employee is not paid. 

Employers should keep accurate records of hours worked, pay rates, overtime, and other essential data to prevent complaints or claims. You should also provide regular training for all personnel with wage and hour compliance responsibilities to help them understand the laws and avoid infractions.

Potential Employer Consequences of Wage & Hour Violations 

Employers who violate wage and hour laws can face numerous consequences, which vary depending upon the circumstances. 

Some potential repercussions are:

• Back pay: Employers may be required to compensate employees for wages they should have been paid. This could include payment for overtime hours that were not compensated or the difference between wages paid and the minimum wage.
• Damages and penalties: Besides back pay, employers may be subject to pay damages and penalties. For instance, employers could be liable to pay “liquidated damages” to the employee, an amount equal to the unpaid wages. 
• Legal fees: If a wage and hour case goes to court and the employee wins, the employer is required to pay the employee's legal fees.
• Criminal charges: In severe cases with extreme violations, employers can face criminal charges. 
• Reputation damage: Apart from legal consequences, wage and hour violations can significantly tarnish an employer's reputation, causing loss of business, difficulty in recruiting talented employees, and negative public perception.

At Smith Dollar, our team's combined 150 years of experience makes us uniquely positioned to provide sound legal advice and representation to employers in wage and hour matters. We have built a reputation as a leading employment and labor law firm in California. With our firm, you can be confident your case is in capable and proven hands.

Arrange for your free initial consultation by phone, video conference, or in person by contacting Smith Dollar at (707) 405-7391.