San Francisco Wage & Hour Attorneys

Over 50 Years of Employee-Side Advocacy, Now Fighting for San Francisco Workers

California has some of the strongest wage and hour protections in the country, governed by both the California Labor Code and, at the federal level, the Fair Labor Standards Act (FLSA). When employers fail to follow these laws, workers have the right to take legal action. Nichols Kaster PLLP has over 50 years of experience representing employees against corporations and institutions. Our San Francisco wage and hour attorneys help workers throughout California understand what they’re owed. If your employer didn’t pay you fairly for your work, you may be entitled to recover unpaid wages, liquidated damages, and attorney fees under California or federal law.

Our firm is nationally recognized and handles both individual claims and large-scale class and collective wage and hour litigation. With a physical office in San Francisco, CA and First Tier rankings from U.S. News & World Report, we bring national litigation depth and local presence to every case. Whether you need a wages attorney in San Francisco or representation in a statewide class action, we’re ready to help.

Consultations are free and confidential. Call (877) 344-4628 or contact us online to get started.

California Wage & Hour Laws

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 where work is performed.
• Non-exempt employees must be paid overtime at one-and-a-half times their 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 double their regular rate when they work more than 12 hours in a workday, or more than eight hours on the seventh consecutive day of a workweek.
• Employees who work more than five hours in a workday must receive a 30-minute meal break. Employees working no more than six hours may waive that break.
• Employees who work more than 10 hours in a workday must receive two 30-minute meal breaks. The second may be waived only if the shift won’t exceed 12 hours and the employee didn’t waive the first.
• Employees must receive one 10-minute rest break for every four hours worked. Employers aren’t required to provide rest breaks for shifts under three-and-a-half hours. Employers can’t require employees to work or remain on call during meal or rest breaks.
• Employers must reimburse employees for all necessary and reasonable business expenses, including mileage, cell phone use, and other work-related costs.

These are some of your rights as an employee in California. The law also includes exceptions for exempt employees, independent contractors, and certain union workers, among others. Our San Francisco wage and hour attorneys can help you determine whether you’re being paid everything you’re owed.

Common Mistakes Workers Make in Wage & Hour Disputes

Many workers unintentionally undermine their own claims before they ever speak to an attorney. Failing to keep accurate records of hours worked and wages received is one of the most common mistakes, since documentation is often the foundation of a claim. Delaying action is another: wage claims in California are subject to statutes of limitations, and waiting too long can mean losing the right to recover what you’re owed. Some employees also tolerate ongoing violations out of fear of retaliation, but California law prohibits employers from retaliating against workers who assert their wage rights. Finally, workers who try to resolve disputes on their own, without a clear understanding of applicable labor law, often achieve less than they could with counsel.

Types of Wage & Hour Cases We Handle

Our San Francisco wage and hour lawyers handle all types of wage and hour violations in California and across the country. Depending on the specifics of your situation, you may be entitled to unpaid wages plus additional damages available under state and federal law.

Claims we handle include:

• Forcing employees to work off the clock without overtime pay
• Misclassifying workers as independent contractors rather than employees
• Misclassifying workers as exempt from minimum wage and/or overtime
• Paying straight time for overtime hours worked rather than time-and-a-half
• Failing to pay minimum wage, including for tipped employees
• Incorrectly calculating the overtime rate of pay
• Unlawful wage deductions
• Requiring employees to work through unpaid meal breaks
• Failing to provide required meal and/or rest breaks
• Failing to pay premium pay for missed meal and rest breaks
• Failing to pay earned commissions
• Failing to reimburse work expenses

We have decades of experience fighting for the rights of workers. If you’re looking for a wages lawyer in San Francisco who can assess the full scope of what you’re owed, our team is ready to help you pursue it.

Class & Collective Actions for San Francisco Workers

Wage and hour violations often don’t affect just one employee. When an employer applies an unlawful pay policy across a team, department, or workforce, dozens or hundreds of workers may have experienced the same harm. A class action under California law or a collective action under the FLSA allows those workers to pursue their claims as a group.

These mechanisms are particularly effective when a single policy systematically shortchanges workers in the same role or department. In a collective action, workers must opt in to participate. In a California class action, workers are typically included automatically unless they choose to opt out. Both can result in recovery of unpaid wages, liquidated damages, penalties, and attorney fees for class members.

Nichols Kaster PLLP handles wage and hour class actions and FLSA collective actions on behalf of groups of workers. Our national litigation practice gives us the resources and experience to take on large employers whose unlawful pay policies affect workers across California and beyond. If you believe your employer’s practices may be affecting your coworkers as well, contact our San Francisco wage and hour attorneys to discuss your options.

Addressing Wage Theft in San Francisco

Wage theft encompasses a range of violations: paying below the legally required minimum wage, ignoring overtime obligations, and making unlawful wage deductions, among others. It’s one of the most pervasive labor issues in the city, cutting across industries and worker classifications.

The San Francisco Office of Labor Standards Enforcement (OLSE) offers workers a channel to report violations, including anonymous reporting, and enforces compliance with local labor laws. Filing a complaint with the OLSE and pursuing a private legal claim are separate options. A wages attorney in San Francisco can advise on which path, or combination of paths, may be most likely to help you seek recovery. Nichols Kaster PLLP has a San Francisco office and represents workers across multiple industries throughout the city.

Contact Our San Francisco Wage & Hour Lawyers Today

When your employer fails to pay you fairly, you may have the right to pursue legal action. We represent everyday workers against large, powerful corporations and institutions that take advantage of the people they employ. If you think your employer isn’t following wage and hour laws, our San Francisco wage and hour attorneys are ready to help you pursue what you may be owed.

Contact us online or call (877) 344-4628 for a free and confidential consultation. Hablamos español.