Best Wage & Hour Lawyers in Calabasas

About Wage & Hour Law in Calabasas, United States

Wage & Hour law in Calabasas, United States, falls under both federal and state jurisdiction, primarily governed by the Fair Labor Standards Act (FLSA) and California Labor Code. These laws regulate various aspects, including minimum wage, overtime pay, meal and rest breaks, recordkeeping, and wage payment practices to ensure that employees are treated fairly and compensated adequately for their work. Employers in Calabasas are required to comply with both federal and state regulations, with the more stringent rule typically taking precedence.

Why You May Need a Lawyer

There are several common situations where individuals may require legal assistance in the realm of Wage & Hour laws:

• Unpaid Wages: If you believe you are not being compensated correctly for your hours worked.
• Overtime Violations: If your employer fails to pay you overtime wages as mandated by law.
• Meal and Rest Breaks: If your employer does not provide legally required meal and rest breaks.
• Misclassification: If you suspect you are improperly classified as an independent contractor or exempt employee.
• Retaliation: If you face retaliation after complaining or filing a claim about wage violations.
• Recordkeeping Discrepancies: If there are inaccuracies in your wage and hour records maintained by your employer.
• Final Paycheck Issues: If your employer fails to pay your final paycheck in a timely manner after termination.

Legal expertise can help navigate these issues, ensuring your rights are protected and any owed compensation is obtained.

Local Laws Overview

The key aspects of local laws relevant to Wage & Hour in Calabasas include:

• Minimum Wage: As of 2023, minimum wage in California is $15.50 per hour for employers with 26 or more employees, and $15.00 per hour for employers with 25 or fewer employees.
• Overtime: California law requires employers to pay overtime at 1.5 times the regular rate for hours worked over 8 in a day or 40 in a week, and double time for hours worked over 12 in a day.
• Meal Breaks: Employees are entitled to a 30-minute meal break after 5 hours of work and a second meal break after 10 hours.
• Rest Breaks: Employees are entitled to a 10-minute rest break for every 4 hours worked.
• Paid Sick Leave: Employees accrue paid sick leave that can be used for health-related absences.
• Recordkeeping: Employers must maintain accurate wage and hour records for all employees.

Frequently Asked Questions

What is the current minimum wage in Calabasas?

As of 2023, the minimum wage in California is $15.50 per hour for employers with 26 or more employees and $15.00 per hour for employers with 25 or fewer employees.

Am I entitled to overtime pay?

If you are a non-exempt employee, you are entitled to overtime pay at 1.5 times your regular rate for hours worked over 8 in a day or 40 in a week, and double time for hours worked over 12 in a day.

What constitutes a meal break violation?

A meal break violation occurs if your employer does not provide you with a 30-minute uninterrupted meal break after 5 hours of work, or if you are not provided with a second 30-minute break after 10 hours of work.

What steps should I take if I haven't been paid my wages?

You should document all hours worked and any communications with your employer regarding unpaid wages. You can then consult with a Wage & Hour attorney to explore your legal options.

Can my employer retaliate against me for filing a wage claim?

No, it is illegal for your employer to retaliate against you for asserting your rights under Wage & Hour laws, including filing a wage claim or complaining about violations.

How can I determine if I am misclassified as an independent contractor?

Consult with a Wage & Hour attorney to review your job duties, level of control by the employer, and other factors that determine proper classification under the law.

What are the penalties for an employer who violates Wage & Hour laws?

Penalties may include paying back wages, fines, damages, and in some cases, criminal charges. Employers may also be required to pay employees’ legal fees.

Are salaried employees entitled to overtime pay?

Not all salaried employees are exempt from overtime; it depends on their job duties and salary level. Consult an attorney to determine your specific eligibility.

What is the statute of limitations for Wage & Hour claims in California?

The statute of limitations is generally three years from the date of the violation, but it can extend to four years for certain breaches of the California Unfair Competition Law.

How can I file a wage claim in California?

You can file a wage claim with the California Division of Labor Standards Enforcement (DLSE). It is advisable to consult with an attorney to ensure your claim is thoroughly and accurately prepared.

Additional Resources

• California Division of Labor Standards Enforcement (DLSE)
• United States Department of Labor (DOL)
• National Employment Law Project (NELP)
• California Labor & Workforce Development Agency
• Local Legal Aid Organizations in Calabasas

Next Steps

If you believe you need legal assistance relating to Wage & Hour issues in Calabasas, follow these steps:

• Document all relevant information, including hours worked, communications with employer, and any wage statements.
• Consult a specialized Wage & Hour attorney to review your case and advise on the best course of action.
• Consider filing a claim with the California Division of Labor Standards Enforcement (DLSE) if advised by your attorney.
• Stay informed about your rights and any updates to Wage & Hour laws that may affect your situation.

Taking these steps can help ensure that your rights are protected and any owed compensation is pursued effectively.