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wage and hour violations
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With rising costs in California, employees deserve higher pay. At the same time, California employers are committing unprecedented levels of wage and hour theft, shorting their unknowing employees of the compensation they’re legally owed.
Our firm has extensive experience prosecuting employers for their wage and hour violations. We represent employees across California, with an emphasis on protecting workers in Los Angeles, San Bernardino, Riverside, Ventura, Alameda, Sacramento, Orange, and San Diego counties.
common types of wage and hour violations we prosecute include:
- Unpaid off-the-clock work
- Unpaid overtime
- Misclassification of employees as independent contractors
- Misclassification of employees as “exempt” from overtime
- Missed/late meal breaks
- Missed/late rest breaks
- Tip pooling
- Improper calculation of overtime
- Requiring work tasks before clocking-in (such as wearing protective equipment, then clocking in)
- Requiring work tasks after clocking-out (such as removing uniforms or loss prevention bag checks after clocking out)
- Unreimbursed business expenses
- Failing to pay for work performed during meal or rest periods
- Retaliating against employees who dispute (or the employer believes may report) any of the above violations.
While we prosecute all the violations listed above, and more, below is a useful guide to help you understand in more detail your rights and remedies surrounding certain violations.
Remember, everyone’s circumstance is different, so after reading below, give our experienced employment attorneys a call for a free consultation, or fill out our no-obligation consultation form so our attorneys can help walk you through your legal options.
overtime laws in California:
Most California employees are entitled to overtime pay under California and federal laws. Certain types of workers are exempted from overtime, or have special rules that apply to them, as more fully explained below.
overtime laws in California:
California Labor Code § 510 and § 1194 require that non-exempt employees are entitled to receive one-and-a-half times (1.5x) their regular rate of pay if they work:
- Over 40 hours in a week
- Over 8 hours in a day
- Over 6 consecutive days in a week
Employees are also entitled to double (2x) their regular rate of pay if they work:
- Over 12 hours in a workday
- Over 8 hours on their 7th consecutive workday
However, these general California overtime laws do not apply to certain types of employees. For example:
- * Salaried employees (known as “exempt” or “white collar” workers)
- * Independent contractors
- Unionized or workers covered by collective bargaining agreements
- Commissioned sales employees
- Outside salespeople
- Truck drivers
- Volunteers
* Overtime rules with respect to salaried “exempt” employees and independent contractors contain special provisions and complex exceptions in California. If you are salaried or an independent contractor, it’s possible your employer misclassified you, or that you qualified for certain types of overtime your employer either intentionally or unknowingly failed to explain. Reach out to us for a free consultation to review your particular circumstance; you may be entitled to recovering unpaid overtime.
The following types of California workers are covered by special overtime rules pertaining to their specific industry:
- Agricultural workers. Recently-passed laws now provide agriculture workers with equal pay and right to overtime pay in California. If you work for a company with 26 or more employees that work more than 8 hours in a day and 40 hours in a workweek, you are entitled to 1.5x overtime pay and may be able to recover significant amounts
- Hospital and certain healthcare workers
- Live-in nannies and household workers
If you fall under one of these special categories, contact us for a detailed review of your work schedule and pay. We can help navigate you through the complex, special overtime rules that may apply to you.
Minimum Wage Laws in California
California labor laws require that employers pay non-exempt employees at least the minimum wage for all hours worked. This protects employees who are paid hourly, as well as via salary, commission or piece rate. The key is that so long as the employee is classified as “non-exempt,” the rate of pay must be at or above the current minimum wage set by law.
Alternatively, certain types of California employees are exempted from this minimum wage requirement: independent contractors (if not illegally classified as such), outside salespeople, students and volunteers are exempted.
Calculating whether minimum wage was properly paid can be straightforward (for say, unpaid off-the-clock work), but often times requires detailed calculations over extended periods of time (for example, salaried employees who weren’t required to keep track of their time).
Our attorneys are highly trained at running calculations to determine whether or not you were paid at least the minimum wage for all hours worked.
Other, less obvious, but common wage & hour violations:
Some clients learn, only after contacting our office, that their employer had a pattern or practice of violating lesser-known wage & hour violations. These can include:
- Illegal timecard rounding practices
- Insufficient compensation for missed/late meal and rest periods
- Logging into employee timekeeping software
Our employment attorneys use their skill and experience to ask the right questions and uncover unlawful employer practices that may otherwise lay undetected. Let us provide you with a 100% free consultation so that we can review all aspects of your wage and hour claims and add value to your potential recovery.
What types of damages are employees entitled to receive for wage & hour violations?
Generally, employees who successfully prove their employer’s wage and hour violations may be entitled to recover:
- Backpay for unpaid wages
- Overtime pay
- Interest
- Waiting time penalties
- Attorneys’ fees
- Cost of the lawsuit
- Class action or PAGA representative pay (if suing on behalf of a group of employees)
- Statutory penalties
- Liquidated damages
- And other damages specific to your case
What should I do if I believe I’ve been a victim of wage & hour theft by my employer?
California laws are intentionally tailored to provide broad protection to workers in the state. If you feel you’ve been a victim of any of the employer violations described above, let us review your case with a 100% free no-obligation consultation and recover the compensation you may be owed.
We’ve recovered millions for California employees and are highly trained at spotting employer violations. Often times, our clients weren’t aware of additional violations our attorneys were able to uncover during the free consultation. You may have a case, and you deserve to have an experienced employment attorney review your particular case.
Wage and hour violation claims are typically limited by time restrictions, so you may forfeit compensation you would have otherwise been entitled to if you delay.
Can my employer retaliate against me for disputing their wage & HOUR violations?
No. Simply put, your employer is prohibited from retaliating against you for making any complaints regarding its unlawful practices. California ensures its workers are protected in exercising their fundamental rights to fair and equal pay.
This means you cannot be fired, demoted, harassed, or subjected to any adverse employment decision just because you exercised your rights under the law. In fact, you have additional legal claims if your employer retaliates against you for protesting their unlawful practices, and may be entitled to further compensation if they do.
Keep this in mind when making the decision to contact our offices – you’re legally protected from your employer retaliating against you while exercising your fundamental right to be free from wage and hour theft.
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our clients' success stories
“This testimonial is for Sam Rezvani at Venture Law. If you are reading this, do not hesitate to have a consultation with Mr. Rezvani. I was employed by my former employer for a touch short of 30 years when new management acquired our company and laid me off one month later. They didn’t even have the gal to provide a 2-week notice. Needless to say, I was shocked and devastated. From the outset, Sam asked all the right questions, remembered every detail when we connected (including those I assumed were unimportant), and kept me apprised of case status as he worked it along. You must maintain a certain level of trust here, as the legal world is one in which most of us have little to no experience. I’ve disliked my share of attorneys throughout my career, but Sam is quite clearly not a “typical” attorney. He does a wonderful job walking you along and pointing out where he sees speedbumps, forks in the road, and the ultimate destination when the dust settles. He was spot on all the way through. I’m retired now, and the settlement he recouped for me immensely improved my quality of life. Should you need employment law services, you’ll want Mr. Rezvani in your corner.”
Richard H.
“I have utilized the assistance of Sam Rezvani and Venture Law for a variety of issues in recent months and with each instance I have come away more impressed. The care and attention is unmatched; it comes across in each interaction just how much Sam truly knows, understands and cares. He is thoughtful and thorough, measured and enthusiastic about his craft and his handling of each specific need. The information and guidance provided were top notch and Sam has entrenched himself as a true ally in all legal aspects. Venture Law and Sam in particular offer a boutique feel with big firm knowledge; I cannot recommend them enough.”
Chris N.
“Attorney Sam Rezvani at Venture Law was my lawyer. Not sure about the other attorneys there because Sam was the only one I dealt with but can say he’s probably the smartest guy I’ve ever met. He knew exactly how the company was going to lie its way out of what happened and he cut them off from the start. I ended up getting paid IMMEDIATELY and didn’t even have to file a lawsuit.”
Jose R.
“I’ll keep it short and sweet. Professional, responsive, knowledgeable, and overall fantastic guys on your side. If that’s what you want in your lawyers, call them.”
Viken N.
“I can honestly say I don’t know where I’d be without Mr. Rezvani. Was in a really dark place in my life when I reached out to him. He gave me legal advice but what I really liked was that he gave me practical advice too. He gave me the courage to polish up my resume and find another job, and let me know he would take care of my case as my lawyer. I vividly remember him saying “that’s my job.” And it’s the best decision I ever made. Got back on my feet and ended up getting compensated for my ex-boss’s discrimination. Can’t disclose how much I got because I signed a confidentiality agreement but all I can say is that it was worth the wait!”
Victoria N.
“From the start I knew Mr. Rezvani was the attorney I was looking for. This was the first time I needed an attorney. He took the time to answer all my questions and was super clear about how he thought things would go. Didn’t really require much on my end, which was a plus. He kept me updated with how things were going and let me know when I should take the settlement the company was offering. At first, I felt it was too low but he told me the risks of not taking it and guess what? The company shut down 1 month after I got paid!! Still can’t believe how close that was. Trust in Mr. Rezvani and thank me later!”
Edward F.
“Cannot recommend Venture Law highly enough. Was in a tight spot being fired from my job but I knew I had a legit case cuz everyone knows you can’t trust your bosses haha. Am I right?? So I reached out to Venture and spoke with Mr. Rezvani at my free consultation and he laid out my options. Mr. Rezvani was realistic about what he could do which was key. I asked him if he could get me a million dollars and he laughed haha. Didn’t feel like he was BSing me cuz I hate that feeling. I signed up with him and even though it took hella long to settle up Mr. Rezvani already told me to expect that and I’m glad I stuck it out with them. He got me way more $ than I expected and best part was I already found a new job so the settlement was a like a big bonus. Thank you again Mr. Rezvani!”
Nate O.
“Trust me, have your free consultation with Venture Law. What do you have to lose? It’s free, you get to speak with an attorney one on one, and it doesn’t cost you anything unless they settle for you. They only get a percentage of what their able to settle. Again, what do you have to lose? At least that’s how I saw it. He told me it might take a while to see any money but all I had to do was sit tight, answer some questions and sign some documents every now and then and I got paid. I can say Sam is an honest attorney and I never felt sold with him. Hope I don’t need him again but now I know I have an attorney I can personally call if I ever need legal advice at work. Worth the wait.”
Andres A.
“Mr. Rezvani is the man! I don’t usually leave reviews but my attorney came through for me and I had to let everyone know. If you want to sue your employer, reach out to Mr. Rezvani and don’t hesitate to sign up with him. Hope I never need a lawyer again (Sorry Mr. Rezvani!) but if I do I know where I’m calling.”
Saleem B.
“My husband encouraged me to call attorney Sam Rezvani at Venture Law after I got fired on my maternity leave. I didn’t think I had a case because I’d read you can be fired during maternity leave if the company has a good business reason (do yourself a favor and don’t search the internet for legal advice). I’m also so busy with my baby that I was ready to just forget about it all and move on. On my consultation, Sam explained the company was just using that as an excuse to keep me from suing. He ended up settling my case and I’ve already sent my friend to Sam after she was discriminated by her HR too. I hear she’s going to win and I know she’s happy with Venture Law too. Hopefully she can give a review too, you guys deserve it!”
Doris P.
“I needed an attorney for a complex employment case and was fortunate to find Sam at Venture Law. From the initial consultation to the final settlement, he and his team were professional, attentive, and highly knowledgeable. They took the time to understand every detail of my situation, and I felt informed and supported throughout the entire process. Their approach and hard work resulted in an outstanding settlement. It was worth the wait. I couldn’t have asked for better representation, and I’m incredibly grateful for the exceptional service and results provided by Sam and his firm!”
Christine S.
“Working with Sam Rezvani at Venture Law was a better, easier experience than I had expected. This was the second time in my life that I needed to call on the help of an Attorney, the first was a divorce which was miserable and then this event which was highly unexpected. From the first call, Sam was attentive and understanding of my situation. He explained the law and my options clearly and I never felt pushed one way or another. Throughout my case, Sam kept me informed of each step and the outcome. He stayed in contact with the other party as necessary to ensure deadlines or commitments were kept. Communication was easy and I always felt comfortable discussing my case or asking questions. It was my personal choice from the beginning to resolve my case in mediation if possible. Sam had the experience, resources, and skills to negotiate on my behalf and to secure the best possible mediator for a positive outcome. I would not hesitate to recommend Sam Rezvani at Venture Law to anyone in need of a knowledgeable, honest, and reliable Attorney.”
Nancy O.