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Huntington Beach Wage and Hour Lawyer

Huntington Beach Wage and Hour Attorney

California workers have relatively robust protections in place to ensure that they are paid fairly. The state’s wage and hour laws are designed to provide not just a minimum wage but also overtime pay, meals, breaks, and employee leave. If you are concerned that your employer is not following these laws, contact a Huntington Beach wage and hour lawyer right away.

best huntington beach wage and hour attorney

Trust Canlas Law Group

The legal team at Canlas Law Group, APLC has been practicing employment law for many years, helping members of our community when they need it most. We are well-versed in wage and hour laws and are committed to fighting tirelessly for the rights of California workers. If your employer isn’t giving you your fair pay, reach out to our office so that we can help you hold them accountable and obtain the money you are due.

Why Hire a Wage and Hour Lawyer?

In 2021, around 19,000 California workers were forced to file unpaid wage claims in the state due to their employers’ failures to pay them their fair wages. Those claims totaled more than $330 million, with one report estimating that the average worker claim was around $10,000. Needless to say, wage theft in California is a serious issue.

If your employer isn’t paying you fairly, you can hire a wage and hour lawyer to hold them accountable. Your lawyer can help you with everything from collecting evidence that shows discrepancies in pay to representing you in court should your case go to trial at the Stephen K. Tamura – West Justice Center in Westminster or the Orange County Superior Court in Santa Ana. Work with a lawyer to obtain what you are owed and to hold your employer accountable.

Federal vs. State Minimum Wage Laws

There are both federal and state minimum wage laws that must be followed by all employers. The Fair Labor Standards Act (FLSA) establishes a baseline for minimum wage across all 50 States, but individual states are also entitled to set higher minimum wage standards than those provided by federal law, and California has done just that.

The federal minimum wage is currently set to $7.25 per hour. California’s minimum wage, on the other hand, is set to increase to $16.90 per hour on January 1, 2026. California employers must follow standards for overtime pay, which offers 1.5-2x pay for hours worked in excess of eight per day or 40 per week.

Exempt vs. Non-Exempt Employees

The FLSA and state wage laws only apply to workers who receive an hourly wage. They are known as “non-exempt” workers and are afforded all the protections of the FLSA regarding meal and rest breaks, payment of wages, and other benefits. Exempt employees include those who:

  • Receive salaries
  • Hold executive or administrative positions
  • Are highly compensated
  • Hold outside sales positions
  • Are independent contractors, agricultural workers, or rail workers

Federal labor laws also maintain strict protections against child labor, implementing a shorter workweek and limited hours for minors and prohibiting them from being hired for hazardous positions.

Filing Complaints for Wage and Hour Claims

If workers haven’t received the correct amount of pay from their employers, they can file wage claims with the state’s Department of Industrial Relations. This agency will then determine the claim’s validity and determine whether the worker can file an action against their employer. The Department of Industrial Relations can also hold employers responsible for violating employee wage and hour laws by issuing fines.

The easiest way to file a claim through the Department of Industrial Relations is to do so with the help of a Huntington Beach wage and hour attorney. Whether you work at a huge warehouse or a small shop, you deserve to be paid a fair wage for the hours you work. Filing a claim against any employer who fails to pay you also holds employers accountable for wage theft.

FAQs About Huntington Beach, CA Wage and Hour Law

What Are the Rules for Hourly Employees in California?

The rules for hourly employees in California include wage laws that require employers to pay a state minimum wage, pay overtime, and implement strict meal and rest breaks. There are also rules in place against off-the-clock work for hourly employees and requirements for employers regarding final paychecks, paid sick leave, and on-call time.

Is the Minimum Wage Going up to $20 an Hour in California?

The minimum wage is not going up to $20 an hour in California, although all fast food restaurant employees have been making at least $20 an hour since April 1, 2024. The new hourly minimum wage in California for most workers will be increased to $16.90 an hour on January 1, 2026.

What Is the 4-Hour Rule?

The 4-hour rule is also called the Reporting Time Pay Law. It requires all employers to pay workers for at least half of their shift if they show up but aren’t given work or get sent home early. Half of the scheduled shift required in pay can range from two to four hours, ensuring that workers still get fair pay in the face of unexpected schedule changes.

What Is the 72-Hour Rule in California?

The 72-hour rule in California refers to an employer’s timeline for paying final wages to workers who quit their jobs. If they give at least 72 hours’ notice, employees are entitled to their final pay immediately upon their final day. If they quit without notice, employers have up to 72 hours to provide a final paycheck.

Your Huntington Beach Wage and Hour Lawyer

If you believe your employer isn’t paying you for the full extent of your labor, you can hire a Huntington Beach wage and hour lawyer to help you hold them accountable and get the money you are owed. The seasoned legal team at Canlas Law Group has been in practice in the field of employment law for years, and in that time, we’ve taken on many wage and hour cases. We can help with yours, too. Contact us to schedule an initial consultation today.

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