Best Wage & Hour Lawyers in Burlingame

About Wage & Hour Law in Burlingame, United States

Wage and hour law refers to the set of state and federal regulations that govern how employees are paid and how many hours they may work. In Burlingame, California, these laws are designed to protect the rights of workers by ensuring they receive fair compensation, rest breaks, meal periods, and overtime pay where applicable. Both federal laws such as the Fair Labor Standards Act (FLSA) and California state laws apply to workers and employers in Burlingame, often with California's stricter protections taking precedence.

Why You May Need a Lawyer

People in Burlingame may find themselves needing a wage and hour lawyer for various reasons. Common situations include not being paid minimum wage, not receiving overtime pay despite working over 8 hours in a day or 40 hours in a week, skipped meal and rest breaks, improper wage deductions, unpaid off-the-clock work, or employee misclassification (such as being labeled an independent contractor instead of an employee). If you believe your rights have been violated or are facing retaliation for asserting your wage rights, consulting an attorney can help you understand your rights, gather evidence, and pursue claims for unpaid wages or damages.

Local Laws Overview

In Burlingame, wage and hour issues are primarily guided by California state law, which tends to offer stronger worker protections than federal laws. Key aspects include:

• Minimum Wage: As of 2024, the California minimum wage is higher than the federal minimum and may be adjusted annually. Cities can also set higher local minimum wages, but Burlingame currently follows the state standard.
• Overtime Pay: Non-exempt employees must receive 1.5 times their regular pay for work over 8 hours in a day or 40 in a week, and double time in certain circumstances.
• Meal and Rest Breaks: Employees are generally entitled to a 30-minute unpaid meal break for every 5 hours worked and a paid 10-minute rest break for every 4 hours worked.
• Final Paycheck: When employment ends, California law requires prompt payment of all wages owed.
• Recordkeeping: Employers must keep detailed records of work hours and pay, and provide itemized wage statements.
• Misclassification: There is strict scrutiny on how workers are classified, especially after the AB5 law clarifying who qualifies as an independent contractor.

Violations of these regulations can result in penalties for employers and back pay for employees.

Frequently Asked Questions

What is the minimum wage in Burlingame?

Burlingame follows California's minimum wage, which as of 2024 is higher than the federal rate. Always check the latest rates as they may change annually.

Am I entitled to overtime pay?

Most non-exempt employees are entitled to overtime pay for hours worked over 8 in a day or 40 in a week. There are also rules for double-time pay after 12 hours in one day or after 8 hours on the seventh consecutive day of work.

What breaks am I entitled to during my shift?

California law requires a paid 10-minute rest break for every 4 hours worked and a 30-minute unpaid meal break for every 5 hours worked, unless the workday is less than 6 hours.

What should I do if my paycheck is short?

If you believe you have been underpaid, you should first notify your employer in writing. If the issue is not resolved, you can contact the California Labor Commissioner or seek legal advice.

Can my employer retaliate against me for complaining about my wages?

No. It is illegal for employers to retaliate against employees for asserting their wage and hour rights. If you experience retaliation, seek legal assistance immediately.

How are tips handled under the law?

Tips belong to employees. Employers cannot take or share in employee tips, but in some industries, tip pooling arrangements may be allowed as long as only those in the chain of service participate.

Am I properly classified as an independent contractor?

California uses a strict "ABC test" to determine if a worker is an employee or independent contractor. Misclassification is common and can lead to wage and hour claims.

What is the statute of limitations to file a wage claim?

Generally, you have up to three years to file most wage claims in California, but specific circumstances can affect this period.

Can I file a wage complaint anonymously?

Yes, you can file a complaint with the California Labor Commissioner anonymously, but it may limit the investigation if your name and evidence are not included.

What happens if I win my wage claim?

If your claim is successful, you may receive back pay, penalties, and interest. In some cases, your employer may also have to pay your legal fees.

Additional Resources

There are several valuable resources for those dealing with wage and hour issues in Burlingame:

• California Department of Industrial Relations Division of Labor Standards Enforcement (DLSE)
• California Labor Commissioner's Office
• U.S. Department of Labor Wage and Hour Division
• Legal Aid Society - Employment Law Center
• Local Bar Association Lawyer Referral Services

These organizations offer information, complaint forms, and sometimes free or low-cost legal advice.

Next Steps

If you believe your wage and hour rights have been violated, document your hours, pay, and any communications with your employer. Gather paystubs and keep detailed records. Next, reach out to a local legal aid organization or labor attorney experienced in California wage and hour law for a consultation. You can also file a complaint with the California Labor Commissioner while pursuing additional legal guidance. Acting quickly is important to protect your rights and ensure you meet any deadlines for filing claims.