Best Wage & Hour Lawyers in Marina del Rey

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

V. James DeSimone Law
Marina del Rey, United States

Founded in 2015
English
V. James DeSimone Law is a Southern California practice dedicated to civil rights, employment law, and catastrophic personal injury litigation. Led by V. James DeSimone, the firm draws on more than 30 years of trial experience to pursue justice for individuals whose rights have been violated or who...
AS SEEN ON

1. About Wage & Hour Law in Marina del Rey, United States

Marina del Rey is a coastal neighborhood within the City of Los Angeles, and wage and hour protections here align with federal laws, California state statutes, and local city ordinances. Non-exempt workers in restaurants, hotels, and service businesses commonly interact with overtime, meal periods, rest breaks, and wage statements. Understanding who is eligible, when pay is owed, and how to pursue a claim is essential for workers and employers alike.

At the federal level, the Fair Labor Standards Act (FLSA) establishes basic rules for minimum wage and overtime across covered industries. California supplements these rules with state wage orders, labor code provisions, and industry specific guidance. In Marina del Rey, employers must follow both federal and state requirements, plus any applicable local ordinances enacted by the City of Los Angeles. This layered framework can create complex compliance scenarios for small businesses and workers alike.

Common wage and hour topics include determining exemptions, calculating overtime, ensuring meal and rest breaks, tracking hours accurately, and providing correct final wages and wage statements. When disputes arise, a wage and hour attorney can help interpret which rules apply and which remedies may be available under California and federal law.

Overtime pay under the federal FLSA and California law generally requires one and one half times the regular rate of pay for hours worked over 40 in a workweek, with additional daily overtime rules in California.

Sources and official guidance help clarify obligations for Marina del Rey employers and employees. For federal standards, see the U.S. Department of Labor Wage and Hour Division. For California standards, refer to the California Department of Industrial Relations and its Wage Orders and minimum wage resources.

Key sources: U.S. Department of Labor - Wage and Hour Division; California Department of Industrial Relations (DIR) - Wage Orders and Minimum Wage guidance. https://www.dol.gov/agencies/whd https://www.dir.ca.gov/dlse/

2. Why You May Need a Lawyer

Wage and hour issues in Marina del Rey can involve multiple layers of law. A qualified attorney can help determine whether you are properly classified, calculate unpaid wages, and pursue the correct remedies. Below are real-world scenarios relevant to local residents and employers.

  • You suspect you were paid for only a portion of your hours after working in a Marina del Rey hotel and restaurant complex during a busy season, leaving overtime unpaid.
  • You were misclassified as an independent contractor for a service business at the harbor, which affected rights to overtime, minimum wage, and benefits.
  • You did not receive required meal breaks or rest breaks while working long shifts on a marina tour boat or dining venue, and your employer refuses to compensate.
  • Your final paycheck after leaving a job in Marina del Rey did not include all earned wages, accrued vacation, or agreed upon bonuses.
  • You filed a wage complaint with the state or federal agency and received conflicting correspondence or slow responses, causing ongoing financial hardship.
  • Your employer retaliates after you report wage and hour concerns, including demotion, discipline, or discharge.

In these situations, a wage and hour attorney can assess eligibility for federal and state claims, gather evidence, communicate with enforcement agencies, and help you decide between mediation, settlement, or litigation.

3. Local Laws Overview

Marina del Rey falls under the broader California wage framework and, as part of Los Angeles, may be subject to local wage standards in addition to state and federal rules. The following laws and regulations commonly govern wage and hour practices in this area.

  • Fair Labor Standards Act (FLSA) - Federal minimum wage and overtime requirements for covered employees. The FLSA also addresses recordkeeping and child labor provisions. Effective since 1938, enforcement is handled by the U.S. Department of Labor, Wage and Hour Division. dol.gov/whd
  • California Labor Code and California Industrial Welfare Commission (IWC) Wage Orders - State level rules for minimum wage, overtime, meal and rest breaks, wage statements, and related protections. The IWC Wage Orders specify industry-specific standards and are interpreted by the California Department of Industrial Relations. dir.ca.gov/dlse
  • California Labor Code Section 1197 (minimum wage) and California Labor Code Section 226 (wage statements) - Statutory provisions frequently cited in wage disputes. These sections are part of the state framework that applies in Marina del Rey. leginfo.legislature.ca.gov

Note on local updates: Los Angeles area employers and workers should monitor both state updates and any local ordinances that may raise or modify wage requirements. State guidance is regularly updated by the DIR, and federal guidance is maintained by the DOL. The DIR and DOL pages below provide current rules and recent changes. Federal guidanceCalifornia guidance

4. Frequently Asked Questions

What is the difference between non-exempt and exempt employees?

Non-exempt employees are generally entitled to minimum wage and overtime pay. Exempt employees may not receive overtime, depending on job duties and salary, but must meet specific criteria under CA law and federal rules. A lawyer can review your job duties and compensation to determine exempt status.

What is the minimum wage in California and how does it apply in Marina del Rey?

California mandates a statewide minimum wage that applies to most employees in Marina del Rey. Rates are set annually and may differ by business size. Check the DIR's minimum wage page for the current rate and any local city adjustments.

How do I know if I am owed overtime pay?

Overtime rules depend on federal and state standards, including hours worked per week and daily thresholds. In California, overtime is typically required after 8 hours in a workday or 40 hours in a workweek, with additional penalties for failing to pay. A wage and hour attorney can calculate owed overtime accurately.

When should I receive meal and rest breaks in California law?

California generally requires a 30-minute meal break after 5 hours of work and a second 30-minute break if shift lengths exceed certain thresholds, plus 10-minute paid rest breaks. Some exceptions apply for small shifts or specific industries.

How long does it take to file a wage claim with state or federal agencies?

Filing times vary by agency and claim type. Federal claims with the DOL typically begin with an intake and may take months to resolve. State DLSE claims also take several weeks to months depending on case complexity and backlog.

Do I need to prove damages to file a wage claim?

While proving damages strengthens a claim, many wage and hour actions pursue back wages, penalties, and interest even when documentation is imperfect. A lawyer can help quantify and document losses effectively.

What is the process to file a wage complaint in Marina del Rey?

You can file with the California DLSE or the U.S. Department of Labor depending on the claim. The process typically involves submitting facts, documents, and evidence of hours worked and pay received, followed by investigations or negotiations.

Can a wage and hour attorney help with misclassification issues?

Yes. Attorneys can review job duties, salary history, and contracts to determine if workers are properly classified as employees or independent contractors, and pursue remedies if misclassification occurs.

How do I choose between mediation, settlement, or court for wage disputes?

Your attorney can assess the amount involved, chances of recovery, and procedural costs. Many wage claims settle through mediation or negotiation, but some cases proceed to court for a definitive resolution.

What happens if my employer retaliates after I complain about wages?

Retaliation is illegal in many contexts. An attorney can advise on immediate protective steps, potential remedies, and how to document retaliatory actions for enforcement actions or lawsuits.

What is the typical timeframe to recover unpaid wages with a lawyer’s help?

Timelines vary by case complexity and jurisdiction, but you can expect several months to a year for back wage recovery, plus potential penalties and interest. Your attorney will provide a case-specific schedule.

5. Additional Resources

  • U.S. Department of Labor - Wage and Hour Division (WHD) - Federal guidance on minimum wage, overtime, and enforcement. dol.gov/whd
  • California Department of Industrial Relations (DIR) - Division of Labor Standards Enforcement (DLSE) - State guidance on wage orders, minimum wage, and wage statements. dir.ca.gov/dlse
  • Legal Aid Foundation of Los Angeles (LAFLA) - Local assistance for wage theft and wage related disputes in the Los Angeles area. lafla.org

6. Next Steps

  1. Identify the applicable jurisdiction by confirming your employer is in Marina del Rey and your status as non-exempt or exempt.
  2. Gather essential documents: pay stubs, timesheets, employment contracts, emails about hours, and any statements or notices you received.
  3. Check current rules on federal and state wage requirements using the DOL and DIR websites to determine potential claims.
  4. Consult a wage and hour lawyer to review your case, explain options, and outline expected costs and timelines.
  5. Decide whether to file a claim with DLSE or DOL or pursue settlement through negotiation or mediation.
  6. If needed, your attorney may prepare a formal complaint, respond to agency inquiries, and coordinate with enforcement agencies.
  7. Track timelines and updates from agencies, and coordinate any mediation, negotiation, or court filings as advised by your attorney.

Lawzana helps you find the best lawyers and law firms in Marina del Rey through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Wage & Hour, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

Get a quote from top-rated law firms in Marina del Rey, United States — quickly, securely, and without unnecessary hassle.

Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.