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At our law firm, our top-rated Bakersfield wage and hour attorneys are dedicated to securing the compensation you rightfully deserve. Each year, we encounter numerous cases where employers fail to pay their employees the wages they are entitled to. This issue is not only common but can have severe consequences for both individuals and their families.

Why Choose Our Experienced Bakersfield Lawyers?

Our seasoned attorneys in Bakersfield understand the complexities and emotional toll of wage disputes. If your employer has not paid you the wages you have earned, it can lead to significant stress and financial hardship. This situation can affect not just you but your entire family.

Common Wage Disputes in Bakersfield

In Bakersfield, wage disputes can arise from various situations, including:

Misclassification: Employees may be incorrectly classified as exempt from overtime pay.

Unpaid Overtime: Employers may sometimes fail to compensate employees for overtime work.

Minimum Wage Violations: Some employers might not meet the required minimum wage standards.

A wage and hour attorney plays a crucial role in representing employees who have faced unfair treatment by their employers. When an employer fails to pay their employees correctly or withholds wages, it constitutes a serious violation of labor laws under both California and federal regulations.

What Is a Wage and Hour Attorney?

A wage and hour attorney specializes in advocating for employees who have not received their rightful compensation. This includes cases where employers have denied payment, delayed wages, or otherwise violated labor laws. Such legal professionals help employees navigate the complexities of labor laws and seek justice for their grievances.

Legal Protections Under California and Federal Law

Both California and federal labor laws provide robust protections for workers. If an employer fails to meet their wage obligations, this can be reported either by filing a formal claim or pursuing a lawsuit. These legal actions are designed to ensure that employees receive the wages they are owed and that employers adhere to fair labor practices.

How to Address Wage Violations

If you believe your employer has violated wage laws, the first step is to consult with a wage and hour attorney. They can help you understand your rights and the best course of action to take. Reporting wage violations can be done through various channels, including:

Lawsuit: Alternatively, pursuing a lawsuit may be necessary to recover unpaid wages and damages.

Filing a Claim: You can file a claim with the California Division of Labor Standards Enforcement (DLSE) or the U.S. Department of Labor (DOL).

In Bakersfield, employees have a legal right to receive fair compensation from their employers. If you believe you are not being paid correctly, it’s crucial to understand the laws that protect your rights and how you can take action. Our Bakersfield lawyers are dedicated to helping employees seek the compensation they deserve from their employers, ensuring that every worker is fairly compensated.

Understanding Your Legal Rights

Two key laws protect employee rights regarding compensation: the Federal Fair Labor Standards Act (FLSA) and the California Labor Code. The FLSA establishes minimum wage, overtime pay, and recordkeeping standards for most employees across the United States. On the other hand, the California Labor Code provides additional protections specific to employees working within the state of California.

What Are Your Rights Under These Laws?

Under the Federal Fair Labor Standards Act, employees are entitled to:

  • Minimum wage: Employers must pay at least the federal minimum wage.
  • Overtime pay: Eligible employees should receive overtime pay for hours worked beyond 40 in a workweek.
  • Recordkeeping: Employers must keep accurate records of hours worked and wages paid.

The California Labor Code provides even more stringent protections, including:

  • Higher minimum wage rates than the federal standard.
  • Daily overtime pay for hours worked beyond 8 in a single day.
  • Meal and rest breaks.

How Can You Take Action?

If you suspect that your employer is not adhering to these regulations, you have the right to take legal action. Here are some steps you can take:

  1. Document Your Hours and Pay: Keep accurate records of your work hours and the wages you receive.
  2. Review Your Employment Agreement: Ensure that your employment agreement aligns with the legal requirements.
  3. Consult with a Lawyer: Reach out to a Bakersfield lawyer who specializes in employment law to discuss your case.

Frequently Asked Questions

What should I do if I think my employer is violating wage and hour laws?

Document your concerns and consult with a legal expert to understand your options. An experienced attorney can help you navigate the legal process and pursue compensation.

At our law firm, our attorneys are dedicated to providing exceptional care and representation for our clients. We understand that securing the top-rated legal assistance you deserve is paramount, especially in complex cases.

Navigating Complex Employment Disputes

Employment disputes can be challenging, particularly when it comes to proving wage issues or other conflicts with your employer, especially in the absence of a clear paper trail. Our team is well-versed in handling such complexities and is committed to working tirelessly to build a robust case on your behalf.

Our Commitment to Strong Evidence

To ensure that your claim is backed by solid evidence, our attorneys employ thorough investigative techniques and legal strategies. We are devoted to gathering and presenting the strongest evidence possible to support your case, thereby securing the justice and care you are entitled to.

If you’re dealing with a wage and hour dispute, it’s crucial to seek legal advice as soon as possible. Our team of experienced attorneys is here to help you navigate through the complexities of wage and hour violations. We offer a free and confidential consultation to assess your situation and discuss the best course of action.

Why Choose Our Legal Team?

Our consultations are entirely complimentary, allowing you to explore your options without any financial risk. We understand the sensitive nature of wage and hour disputes, and our attorneys are dedicated to providing you with the guidance you need to resolve these issues effectively. You can rely on us to help you understand your rights and the steps you should take next.

What Can You Expect During Your Consultation?

During your one-on-one consultation, our lawyers will review the specifics of your case, including the nature of the wage and hour violations you’ve experienced. This personalized approach ensures that you receive tailored advice suited to your unique situation.

Bakersfield Minimum Wage Laws

  • All California employers have a responsibility to pay their employees minimum wage. Minimum wage means that all employees after January 1, 2023, should be paid $15.50 an hour, regardless if the employer has 26 or more employees or 25 or fewer employees.
  • If an employer fails to pay the minimum wages that the employee deserves, the employee could hold the employer responsible for their wage dispute.

Bakersfield Overtime Pay Laws

In California, non-exempt employees are entitled to overtime wages if they work more than 8 hours in a single day or exceed 40 hours in a workweek. This state law ensures that workers are fairly compensated for their extra hours. However, despite these regulations, some employers still find ways to circumvent these laws, resulting in employees not receiving the full amount they are owed.

What Does California Overtime Law Entail?

Under California law, non-exempt employees must receive overtime pay at a rate of one and a half times their regular hourly rate for any hours worked beyond 8 in a day or 40 in a week. For work exceeding 12 hours in a single day or for any hours worked on the seventh consecutive day of the workweek, employees are entitled to double their regular pay rate.

How Do Employers Evade Overtime Pay?

Unfortunately, some employers engage in practices that undermine these protections. Common methods of evasion include:

  • Misclassifying employees as exempt to avoid paying overtime.
  • Implementing unpaid off-the-clock work.
  • Altering time records to underreport hours worked.

What Should Employees Do If They’re Not Paid Properly?

If you suspect that your employer is not complying with overtime pay laws, it’s crucial to take action. Start by documenting your hours worked and comparing them to your pay stubs. If discrepancies are found, you may need to consult with an employment lawyer or contact the California Division of Labor Standards Enforcement (DLSE) for assistance.

What are the different ways wage and hour disputes may start?

  • A wage and hour dispute starts when an employer engages in tactics that could be considered illegal in California. For example, different circumstances may:
  • Altering the employees’ timesheets. An employer may alter the employees hours to pay the employee less than their owed. Surprisingly, this is more common than you think.
  • Making the employee work off-the-clock hours. An employee should only work the hours that they are hired to work. An employee cannot work overtime, in the event that they do work overtime, they should be afforded overtime pay.
  • An employer cannot automatically clock employees out for meal breaks. The employees have their own right to take their own meals or rest breaks.
  • An employer cannot deny an employee from taking a meal or rest break.
  • An employer must pay an employee for any travel or business-related expenses if they were to go out of their workplace location

If you have been involved in any of the above circumstances with your employer, or a circumstance that is not mentioned above, we recommend that you give our attorneys a call to discuss further. Usually, many employees are not aware that they may have a wage and hour dispute against their employer. Others may be too afraid to come forward and report the dispute.

Can an employer retaliate against me?

A Bakersfield employer cannot retaliate against you for bringing up a wage and our dispute claim or lawsuit against the employer. An employee is afforded wages and should be getting those wages from their employer on time.

Wage And Hour Class Actions In Bakersfield

Sometimes, employees as a whole may experience a wage and hour dispute against their employer. In that case, you are not alone. But, a class action lawsuit could be filed against the employer on behalf of all the employees who have been wronged. Class action lawsuits are very common within wage and hour disputes by holding an employer responsible for their actions.

But, class action lawsuits are different from a standard lawsuit. Class actions have their own rules and requirements that an attorney must have to show. It is important that you have a class action lawsuit representing you that has the necessary experience. Make sure that you hire a class action lawyer who has dealt with class actions in the past.

Besides wage and hour disputes, our attorneys have also worked and represented victims of:

Each employment incident differs. That is why you should talk to our employees as soon as possible to hold the employer responsible for violations of California labor laws. You should not have to suffer through violations of a labor law. Give us a call today to discuss your specific case. You most likely have the right to file a lawsuit to earn compensation that you should be afforded. 

Which employees are afforded rights?

Only certain employees have the right to wage and our disputes. Non-exempt employees have the right to get compensated and hold their employer responsible for any wages that they should be owed. This means any overtime wages, minimum wage, rest and meal breaks, etc. should be provided to non-exempt employees. Exempt employees and independent contractors cannot hold their Bakersfield employer responsible for wage and hour violations. 

Sometimes, many employees do not even know what category they fall under. To determine exactly what type of employee you are, give our top-rated attorneys a call to discuss today. 

Can I report violations of wage and hour laws?

Under Bakersfield law, employees can report violations of wage and hour laws under the labor code. We recommend that you speak to our highly-rated employment lawyers for more information on how you could hold the parties responsible for your injuries.

Contact our wage and hour dispute attorneys in Bakersfield for more information on how we can help you. Our attorneys have several decades of combined experience to make sure that you get the top-quality legal care that you deserve. We also offer complimentary case evaluations.

Heidari Law Group Bakersfield Practice Areas