Wage & Hour Claims

California has laws that govern how employers must handle hourly wage, overtime, break time, vacation, and other issues. Because California wage and hour laws are complicated, many employers do not fully understand or comply with them. You and your fellow employees may be entitled to back pay, unpaid overtime wages, family leave time, or other benefits that you do not know about.

The Armstrong Law Firm represents employees in all types of wage and hour disputes. We help them obtain the wages and benefits to which they are entitled.

Overtime, Break Time, and Leave Time

Employers often misinterpret laws regarding overtime, and some simply ignore them by making their employees work through lunch or break time. Others try to stretch the clock by coaxing more hours out of workers without paying them for the extra hours they work. Still others assign daily or weekly administrative tasks to hourly-paid managerial employees who must be completed on the employee's own time, in addition to the normal work shift or 40-hour week.

These are all violations of California labor laws. If you and your co-workers are subject to these or other conditions, you may be owed unpaid overtime wages or other benefits.

- Sue Shellenbarger, July 15, 2009

Q: I’m paid a salary and my employer asks me to work up to 70 hours a week without overtime. While I do some supervisory duties, I also wash and drive buses. How can I tell whether I should be paid overtime?
—R.L., La Mesa, Calif.

A: You would need to consult an attorney for advice specific to your situation. Generally, an employee in California must spend at least half his or her work time performing supervisory, managerial or professional duties in order to be exempt from labor laws requiring overtime pay, says Kelly Armstrong, a San Francisco employment attorney. The categories are complex, but generally exempt workers include executives whose primary job is to supervise other workers, including hiring and firing; administrators whose duties are tied to management; or professionals who are licensed, certified or extensively trained in a skilled profession, Ms. Armstrong says. An employee also must make at least twice the minimum wage to be exempt.

Your Rights after Termination

When you quit a job, are fired, or laid off, you have certain rights under the law. You must receive all of the pay you are owed for work and unused vacation time within 72 hours. Pensions, 401-K, profit sharing, and deferred compensation must also be distributed to the employee in accordance with the law and pursuant to the employees’ agreements with their employers.

Sales people paid on commission must receive the compensation they are owed — but there can be disputes over the total value of a sale, who closed the sale, or other issues. These and other employment law issues can arise after termination.

An attorney at the Armstrong Law Firm can explain your rights under California employment law, and how we may be able to obtain the compensation and benefits you deserve.

For a consultation with a lawyer at the Armstrong Law Firm regarding wage and labor law, call 415-692-0462 or 866-590-6082, or contact us online.