Best Wage & Hour Lawyers in Clovis

About Wage & Hour Law in Clovis, United States

Clovis, located in Fresno County, California, is subject to both California state-wage and hour laws and federal regulations set by the Fair Labor Standards Act (FLSA). Wage and hour law governs the minimum standards for employee compensation and working conditions, such as minimum wage, overtime, meal and rest breaks, and recordkeeping. These regulations protect both employees and employers by setting clear workplace expectations and ensuring fair pay. California law is generally more protective of employee rights than federal law, so residents and workers in Clovis benefit from some of the state's highest labor standards.

Why You May Need a Lawyer

Individuals and employers in Clovis may need legal assistance with wage and hour issues for several reasons. Here are some common situations where a lawyer’s help can be invaluable:

• You believe you are not being paid minimum wage or overtime pay.
• Your employer is not providing legally required meal or rest breaks.
• You suspect you have been misclassified as an independent contractor, rather than an employee.
• Your hours worked are not being properly recorded, or you are asked to work "off the clock."
• You have been wrongfully terminated after raising wage and hour concerns.
• You are an employer facing a wage and hour claim or need guidance on compliance with changing laws.
• You need help understanding your rights and responsibilities under both state and federal law.

Local Laws Overview

Employees in Clovis are primarily protected by California’s Labor Code as well as federal standards under the FLSA. Important aspects of wage and hour law in Clovis include:

• Minimum Wage: As of 2024, the California minimum wage is higher than the federal minimum wage. Employers must pay the greater amount. Some California cities have their own local minimum wage ordinances, but Clovis follows the state standard.
• Overtime Pay: Non-exempt employees must be paid 1.5 times their regular rate of pay for all hours worked over 8 in a day or 40 in a week, and double time in some cases.
• Meal and Rest Breaks: Employees are entitled to a 30-minute meal break if they work more than 5 hours and a 10-minute paid rest break for every 4 hours worked.
• Recordkeeping: Employers are required to keep accurate records of hours worked and wages paid.
• Employee Classification: Strict rules apply to categorizing workers as independent contractors or employees, especially under California's "ABC test."
• Paydays and Wage Statements: Employees must be paid no less than twice a month and provided with accurate wage statements detailing hours, pay rates, deductions, and more.
• Retaliation Protections: It is illegal for an employer to retaliate against employees who file wage and hour complaints or participate in investigations.

Frequently Asked Questions

What is the minimum wage in Clovis?

The minimum wage in Clovis is set by California state law. As of 2024, it is higher than the federal minimum wage. Most employers must comply with the state rate. Some exceptions may exist for small employers or certain industries.

When am I entitled to overtime?

You are entitled to overtime pay if you work more than 8 hours in one workday or more than 40 hours in one workweek. California law also provides double-time pay in certain cases, such as when you work more than 12 hours in a day.

Do I get meal and rest breaks?

Yes, most non-exempt employees are entitled to a 30-minute unpaid meal break if they work more than 5 hours in a day and a second meal break if they work more than 10 hours. You also get a paid 10-minute rest period for every 4 hours worked.

What should I do if my employer is not paying me correctly?

Keep good records of your hours and pay. You can contact the California Labor Commissioner’s Office to file a wage claim and consult a wage and hour attorney to understand your options.

Can my employer fire me for complaining about wages or hours?

It is illegal for an employer to retaliate against you for making a complaint about wages or working conditions. If you have experienced retaliation, you have additional legal protections.

How are tips handled under wage and hour laws?

California prohibits tip credits. Employers cannot use your tips as part of your minimum wage. All tips belong to employees, and employers must not take a share of tips meant for workers.

Who is exempt from overtime in California?

Certain employees, such as those in executive, administrative, or professional roles, may be considered exempt from overtime requirements if they meet specific job duty and salary tests outlined by California law.

What is misclassification, and why does it matter?

Misclassification happens when an employer treats an employee as an independent contractor to avoid paying benefits and overtime. If you have been misclassified, you may be entitled to back pay and other compensation.

Are undocumented workers protected by wage and hour laws?

Yes, California wage and hour protections apply to all workers, regardless of immigration status. You have the right to be paid for all hours worked.

How long do I have to file a wage claim?

In California, you generally have up to three years to file most wage claims, including claims for unpaid wages, overtime, and meal/rest breaks. Do not wait too long to take action, as waiting can make your case harder to prove.

Additional Resources

Here are some valuable resources for those seeking information or assistance with wage and hour issues in Clovis:

• California Labor Commissioner’s Office (Division of Labor Standards Enforcement): Handles wage claims, investigations, and labor law enforcement statewide.
• U.S. Department of Labor Wage and Hour Division: Provides federal information and complaints regarding FLSA violations.
• Fresno County Bar Association: Can help connect you with labor and employment law attorneys serving the Clovis area.
• Legal Aid at Work: Offers free and low-cost legal help to workers in California.
• State of California Department of Industrial Relations: Offers labor law guides, claim forms, and updates on wage and hour regulations.

Next Steps

If you are facing a wage and hour issue in Clovis:

• Gather all relevant documents, including pay stubs, work schedules, and communication with your employer.
• Write down the details of your work hours and any violations you believe have occurred.
• Contact the California Labor Commissioner’s Office or an employment law attorney to discuss your situation and get specific legal advice.
• Consider reaching out to local legal aid organizations if you need assistance and cannot afford private representation.
• Stay informed about your rights and act quickly to preserve your claims within the legal time limits.