Effective January 1, 2008, California’s minimum wage increased from $7.50 per hour to $8.00. Overtime remains at 1.5 times the regular hourly rate. Generally, for non-exempt employees (non-supervisory), overtime accrues for those hours worked in excess of eight (8) hours in any one day, or for those hours in excess of 40 hours per week. There are exceptions where an employer and employee can agree to a modified work week. Under one such scenario, the employee will work four (4) days per week at ten (10) hours per day, and overtime will not accrue. The California Department of Labor website (http://www.dir.ca.gov) is an invaluable resource if you would like to learn more about California’s wage and hour laws. At the website, you can also view the Industrial Welfare Commission’s Wage Orders to learn more about regulation of the terms and conditions of employment for your particular line of work.
The wage laws of California were fashioned to ensure that employees receive the benefit of certain statutory wage protections. To carry out this goal, the legislature implemented a statutory framework that penalizes unlawful pay practices. Prevailing parties shall receive an award of reasonable attorneys’ fees in the pursuit of wage claims. In certain instances, the ability to recover reasonable attorneys’ fees is one-way, meaning the employee can request fees if he or she prevails, but the employer cannot – even if the employer is the prevailing party. Additional penalties can apply if the employer does not provide for meal or rest breaks during the work day, or if the employer does not pay timely all wages owed to the employee upon discharge or termination.
This firm has successfully handled many wage and hour cases. We have the experience to get to the heart of the issues in these types of cases on an expedited basis, whether it is a one party employee claim or multiple. Where appropriate, we work with experienced consultants to conduct economic analyses and damage exposure scenarios on a small or large scale model. If you have a wage and hour issue, claim or case, please feel free to call our office to speak with an attorney.
