Best Wage & Hour Lawyers in Fresno

About Wage & Hour Law in Fresno, United States

Wage and hour law refers to a set of rules that establish and protect the rights of employees regarding their pay and working hours. In Fresno, United States, both federal and California state laws regulate how much employees must be paid, the number of hours they can work, and when overtime pay applies. These laws aim to ensure fair treatment and prevent wage theft, unpaid overtime, or unfair labor practices. Common issues include minimum wage violations, unpaid overtime, meal and rest break violations, and employee misclassification.

Why You May Need a Lawyer

There are many situations where consulting or hiring a wage and hour lawyer in Fresno may be necessary. Some of the most common reasons include:

• Unpaid Overtime: If you worked more than 8 hours in a workday or 40 hours in a workweek and were not paid the correct overtime rate.
• Minimum Wage Violations: When an employer fails to pay you at least the current minimum wage for every hour worked.
• Missed Meal or Rest Breaks: California law mandates unpaid meal breaks and paid rest breaks, and violations may entitle you to additional compensation.
• Employee Misclassification: If you are incorrectly classified as an independent contractor or exempt employee, your employer may be avoiding paying you proper wages or overtime.
• Retaliation or Wrongful Termination: If you are demoted, fired, or otherwise retaliated against for asserting your wage and hour rights.
• Unpaid Wages After Termination: If your employer fails to provide your final paycheck within the legally required time after you leave or are terminated.
• Complex Pay Structures: For questions about commissions, bonuses, tip pooling, or piece-rate compensation.

Legal assistance ensures your rights are protected, potential violations are addressed, and you receive any unpaid wages or compensation you're owed.

Local Laws Overview

Wage and hour laws in Fresno are influenced by both federal law (primarily the Fair Labor Standards Act, or FLSA) and California state law, which often provides even greater protections for employees.

• Minimum Wage: As of 2024, California's minimum wage is 16 dollars per hour. Some cities in California may have higher minimum wages, but Fresno follows the state minimum.
• Overtime: Non-exempt employees in Fresno must be paid 1.5 times their regular rate for hours worked over 8 in a day or 40 in a week. Double time applies for hours worked over 12 in a day or over 8 hours on the seventh consecutive day of work in a workweek.
• Meal and Rest Breaks: Employees are entitled to a 30-minute unpaid meal break for every 5 hours worked and a 10-minute paid rest break for every 4 hours worked.
• Final Paychecks: Employees who are terminated must receive their final wages immediately. Employees who resign must receive final pay within 72 hours, or immediately if they gave at least 72 hours notice.
• Recordkeeping: Employers must keep accurate time and payroll records. Employees have a right to request copies of their payroll records.
• Retaliation Protection: It's illegal for employers to retaliate against employees who assert their rights under wage and hour laws.
• Special Rules: There are unique rules for certain professions, including agricultural workers, healthcare employees, and more.

Violations of these laws can lead to penalties for employers and compensation for employees.

Frequently Asked Questions

What is the current minimum wage in Fresno?

The minimum wage in Fresno is 16 dollars per hour in 2024, following the California state minimum. Some counties or cities may have higher rates, but Fresno follows the state standard.

Who is entitled to overtime pay?

Non-exempt employees are entitled to overtime pay. Most workers are non-exempt, but some professionals, administrative employees, executives, and certain independent contractors can be exempt if specific requirements are met.

How much should I be paid for overtime hours?

You must be paid at least 1.5 times your regular rate for hours worked over 8 per day or 40 per week. If you work more than 12 hours in one day, you get double your regular rate for those hours.

What are my rights to meal and rest breaks in Fresno?

Employees in Fresno are entitled to an unpaid 30-minute meal break for every 5 hours worked and a paid 10-minute rest break for every 4 hours worked, as set by California law.

Can I be fired for complaining about unpaid wages or wage violations?

No. It is illegal for your employer to retaliate against you for asserting your wage and hour rights, including reporting violations or filing claims.

What should I do if I think I'm being misclassified as an independent contractor?

If you believe you are misclassified, you can speak to a wage and hour attorney or contact the California Labor Commissioner's Office to investigate your classification and recover any lost wages or benefits.

What if my employer refuses to pay my last paycheck after I quit or am fired?

California law has strict requirements for final paychecks. If your employer does not pay you on time, you may be eligible for waiting time penalties and can file a wage claim.

Are agricultural workers entitled to the same wage and hour protections as other employees?

Yes, but there are some variations. Agricultural workers have specific overtime rules and meal break requirements, but are still protected by wage and hour laws in California.

How long does an employer have to keep payroll records?

Employers in California must keep payroll records for at least 3 years, and employees can request copies of these records.

How do I file a wage claim in Fresno?

You can file a wage claim with the California Labor Commissioner's Office online, by mail, or in person. It is helpful to collect any evidence, such as pay stubs, timesheets, or correspondence with your employer.

Additional Resources

If you need more information or assistance regarding wage and hour matters in Fresno, the following resources can be helpful:

• California Department of Industrial Relations (DIR): Provides comprehensive resources about wage and hour laws, filing claims, and employee rights.
• California Labor Commissioner's Office: Handles wage claims, retaliation complaints, and offers guidance on labor law violations.
• Fresno County Bar Association Lawyer Referral Service: Connects individuals with experienced local employment lawyers.
• Legal Aid Organizations: Community-based organizations like Central California Legal Services offer free or low-cost legal assistance to qualifying individuals.
• US Department of Labor (Wage and Hour Division): Enforces federal wage and hour laws and offers resources for workers and employers.

Next Steps

If you believe your wage and hour rights have been violated in Fresno or you have concerns about your pay or working conditions, consider the following steps:

• Gather evidence, such as pay stubs, schedules, correspondence, and time records, to support your claim.
• Talk to your employer about your concerns, if you feel comfortable and safe doing so.
• Contact the California Labor Commissioner's Office or a local legal aid group for free guidance on your situation.
• If your issue is complex or you face retaliation, contact a wage and hour lawyer who can provide personalized legal advice, help you file a claim, and represent you if necessary.
• Act promptly, as there are deadlines for filing wage claims and lawsuits.

Understanding your wage and hour rights is important to protecting yourself and securing fair treatment in the workplace. Do not hesitate to seek help from professionals if you are unsure about your rights or need assistance recovering unpaid wages.