Wage & Hour Dispute Attorneys in Sacramento

Our Sacramento wage and hour dispute attorneys know how stressful it could be for your employer to deny equal pay, or pay that you deserve to get. In the event that you have been through an experience where your employer has refrained from paying you, you have the right to hold them responsible and to recoup the compensation that you are owed, along with any interests.

Give our Sacramento wage-and-hour attorneys a call today to set up a free consultation and discuss your wage-and-hour dispute case. Wage and hour dispute cases differ depending on the circumstance and depending on what each employee experiences. To specifically review your experience, contact us today for a complimentary consultation. 

Our attorneys offer free one-on-one consultations to review the circumstances of the wage and hour dispute. After the consultation, we will be able to determine if you have a viable case, and what steps we should take to make sure that you get the help you need. 

What are wages?

When it comes to determining wages and whether an employee is afforded wages, there are several different types of wages, including:

• Vacation time
• Working hours
• Overtime pay
• Minimum wage
• Meal breaks
• Rest breaks

Wage And Hour Dispute Laws

Wage and hour disputes stem from violations of the law. Employers, managers, and supervisors must all follow wage and hour laws in order to make sure that their employees get fair and adequate wages. Below are general ideas of wages that employees should be afforded. 

• Minimum wage: All employers in Sacramento, California should pay their employees minimum wage for their work. As of January 1 2023, the minimum wage for Sacramento is $15.50 per hour. The minimum wage could also differ depending on your employer, and how many employees are at work.
• Overtime pay: Employees who work additional hours must get one and a half times the pay. If the employer does not pay overtime work, then the employee could hold the employer responsible.
• Exempt and non-exempt employees: wage and hour disputes could get very tricky when it comes to exempt and non-exempt employees. For example. Non-exempt employees could receive overtime pay. Employees who are considered exempt cannot receive overtime pay.
• Meal breaks: An employer must provide meal breaks to their employee during the work shift.
• Wage records: An employer must keep records of all their employees’ wages.
• Off the clock: An employer is prohibited from requesting work from an employee. Employees cannot constantly work off the clock for their employers.

What is wage theft?

Wage theft is an allegation by an employee against their employer when the employer fails to pay wages. This means that when an employer withholds wages, such as overtime or vacation pay, the employee could file a lawsuit to recoup this compensation. 

What is the difference between independent contractors and employees?

One of the key arguments that come up between wage and hour disputes is whether the employee was an independent contractor or an employee. Each type of position has different benefits, and each type of position recovers different compensation. For example, the difference between independent contractors and employees includes the employer’s tax obligations.

Sometimes, an employer knowingly misclassifies an employee simply to refrain from paying taxes, and to pay wages to the employee. Below are the key differences between independent contractors and employees:

• Independent contractors have more control over the work that they provide the employer. Usually, independent contractors could decide when to work, and when the work could be due. Independent contractors may also use their own workplace tools to put together work.
• Independent contractors are considered a separate business entity since they will have to file taxes on their behalf. They are essentially considered their own company.
• Independent contractors do not receive overtime pay or benefits, such as health insurance.
• In the event that their work was negligent, independent contractors could be sued by the employer.
• Independent contractors and employers usually have a contract that states the independent contractor is a contractor.

• Employees must work under the direction of the employer. The employer is the one that provides tools and determines the employee’s work hours.
• The employer will pay taxes and withhold income from the employee’s wages. The employee is not considered a separate business entity.
• In the event that the employee works negligently, the employer could be held responsible. 
• An employee could recover a variety of benefits, including overtime pay, and workers’ compensation.

What is workers compensation?

Workers’ compensation is a type of pay that an employee could recover in the event that they were injured on the job. Employers must have workers’ compensation insurance. When they fail to have workers’ compensation insurance, the employer could be held accountable for penalties and fines under state law.

When an employee is injured during work hours while doing a task required by their job, they could file an insurance claim for their injuries. If you have been injured while at work, contact us to see how you could recover workers’ compensation benefits. Keep in mind that there is a time limit on when you could actually file a worker’s compensation claim. If you file your workers compensation claim too late, you may not be able to recover compensation. 

When should I file my wage and hour dispute lawsuit?

There are several different factors that go into filing your wage in our dispute lawsuit. In California, there is a statute of limitation that determines when an employee could file a wage and hour dispute lawsuit. This depends on the different factors involved in your case, and the circumstances of your case. 

Prior to filing a lawsuit, our attorneys recommend that you contact us to see what steps we could take to make sure that you get the care you need. Sometimes, a wage and hour dispute lawsuit could instead be negotiated and worked with the company themselves prior to filing a lawsuit with the court. In that case, negotiations and settlements could happen.

For more information, contact our top-rated Sacramento employment attorneys today. Our attorneys will collect all the relevant documents that you will need in order to build your strong wage and hour dispute claim. No Sacramento employers should take advantage of you and refrain from paying you the money you need. Give us a call today. 

You usually have 3 years from the date of the violation to file a wage and hour dispute in California. But, this could change depending on the experiences.