San Francisco Wage & Hour Attorneys

Representing Workers in Complex Pay Disputes

California law includes strict wage and hour protections for workers, including specific statutes regarding meal and rest breaks, minimum wage, and overtime pay. When employers fail to follow these laws, employees have the right to take legal action. If your employer failed to pay you fairly for your work, you could be entitled to sue for lost wages and other damages.

At Nichols Kaster, LLP, we represent clients who have suffered losses due to wage theft by their employers. Our San Francisco wage and hour attorneys are proud to stand up for the rights of hard-working Californians and are committed to securing the justice you deserve.

Learn more during a free and confidential consultation. Call (877) 344-4628 or contact us online today to get started.

California Wage & Hour Laws

The state of California has numerous employment laws pertaining to hours worked and wages paid. As an employee or independent contractor, it is important that you understand your rights and know what to do if an employer violates them.

California’s wage and hour laws include protections such as:

• Non-exempt employees must be paid minimum wage, as set by the state or municipality in which work is performed.
• Non-exempt employees generally must be paid overtime at a rate of one-and-a-half times the employee’s regular rate when they work more than eight hours in a workday or more than 40 hours in a workweek.
• Non-exempt employees must be paid overtime at a rate of double their regular rate when they work more than 12 hours in a workday, or more than eight hours on the seventh day of a workweek.
• Employees who work more than five hours in a workday must be given one 30-minute meal break, unless the employee works no more than six hours in the workday, in which case the employee may choose to waive their meal break.
• Employees who work more than 10 hours in a workday must receive two 30-minute meal breaks, unless the employee will not work more than 12 hours, in which case they may choose to waive the second meal break.
• Employees must receive one 10-minute rest break for every four hours worked. Employers do not have to grant rest breaks when an employee’s shift is less than three-and-a-half hours. Employers cannot require employees to work or be “on call” during meal or rest breaks.
• Employers must reimburse employees for all necessary and reasonable expenses incurred by employees while performing their duties. These expenses may include mileage, cell phones, and other work expenses.

These are just some of your rights as an employee in California. Keep in mind that the law also includes several exceptions, including exceptions for exempt employees, independent contractors, and union workers, among others. Let our San Francisco wage and hour attorneys help you determine if you are being paid the wages you are owed under California law.

Common Mistakes Workers Make in Wage and Hour Disputes

When faced with wage and hour disputes, many workers unintentionally make mistakes that can jeopardize their ability to secure fair compensation. One common error is failing to keep accurate records of hours worked and wages received. Without proper documentation, it becomes much more challenging to prove instances of unpaid wages or overtime. Another mistake is delaying action—waiting too long to address the issue can sometimes result in missed deadlines for filing a claim under the statute of limitations. Additionally, many employees hesitate to assert their rights due to fear of retaliation from their employer, which can lead to prolonged workplace injustices. Lastly, some workers attempt to handle disputes on their own without a clear understanding of labor laws, often leading to unsuccessful outcomes.

Types of Wage & Hour Cases We Handle

Our San Francisco wage and hour lawyers handle all types of cases involving wage and hour violations in California, and across the country, for claims such as:

• Denying employees overtime premium pay by forcing them to work off-the-clock
• Misclassifying workers as independent contractors, rather than employees
• Misclassifying workers as exempt from minimum wage and/or overtime pay
• Paying straight time only for overtime hours worked, rather than time and a half
• Failing to pay minimum wage (including tipped employees)
• Incorrectly calculating the overtime rate of pay
• Unlawful wage deductions
• Requiring employees to work through unpaid meal breaks
• Failing to provide employees with meal and/or rest breaks
• Failing to pay employees with premium pay for missed meal and rest breaks
• Failing to pay commissions earned
• Failing to reimburse work expenses

We have decades of experience fighting for the rights of American workers. Depending on the specific details of your situation, you could be entitled to compensation for your unpaid wages, plus additional damages available by federal and state law. At Nichols Kaster, LLP, we are here to help you fight for what you are owed.

Addressing Wage Theft with Employee Rights Attorneys

Wage theft remains a critical issue in San Francisco, impacting workers across various industries. This term encompasses instances where employers fail to pay the legally required minimum wage, violate overtime pay obligations, or unlawfully deduct wages. Such actions not only harm workers financially but also undermine the integrity of the local economy.

The San Francisco Office of Labor Standards Enforcement (OLSE) plays a pivotal role in combating wage theft, offering avenues for employees to report violations anonymously and ensuring compliance with the law. At Nichols Kaster PLLP, we strive to bring attention to unjust employer practices, supporting employees in recovering their hard-earned wages. By combining legal action with advocacy and education, we aim to eradicate wage theft and promote fair working conditions throughout the city.

Contact Our San Francisco Wage & Hour Lawyers Today

When your employer fails to pay you fairly for your work, you may have the opportunity to pursue legal action. We strongly encourage you to get in contact with an experienced wage and hour attorney, like those at Nichols Kaster, LLP, who can help protect your rights and advocate for you throughout the legal process.

Our team is ready to stand up to your employer on your behalf. We are passionate about representing the rights of everyday people against the interests of large, powerful corporations, businesses, and other entities that seek to take advantage of hard-working individuals. If you believe your employer may not be following wage and hour laws, let Nichols Kaster, LLP fight for you.

Contact us online or by phone at (877) 344-4628 to schedule a complimentary case evaluation. Hablamos español