Sacramento Wage and Hour Lawyer

If employees are not paid fairly for the work they perform, they have the right to file a wage and hour violation claim to recover the compensation they are owed.

As every employee in Sacramento is protected by both state and federal laws, victims of wage theft should not have to endure delays or worry about getting paid. Lawyers for Justice, PC is a law firm that specializes in employment law and is dedicated to holding negligent employers accountable for their actions. 

While filing a wage theft claim can be a confusing process, Lawyers for Justice, PC has a skilled team of attorneys who walk their clients through the legal process to ensure their rights are protected. Regardless of what workplace injustice has occurred, Lawyers for Justice, PC is ready to help. To get started on a claim, call (916) 378-7372 for a free consultation!

What Are The Wage and Hour Laws In Sacramento?

In Sacramento, wage and hour laws are designed to protect employees and ensure they earn a fair and livable compensation. While the rate of hourly wages have been often debated and changed every year, there should be no excuse for not properly paying an employee for the work they do. 

Minimum Wage

According to California’s Department of Industrial Relations, the statewide minimum wage is set at $16.50 per hour as of January 1st, 2025.

However, some cities and counties have higher minimum wage rates due to local governments passing their own ordinances. California has mandated a new $20 minimum wage for all fast-food employees and a higher minimum wage rate for health care employees, if they meet a list of requirements. 

Overtime Pay

When it comes to an employee receiving overtime pay, all non-exempt employees are entitled to receive 1.5 times their regular hourly rate, which is outlined in section 510 of California’s Labor Code. 

Overtime pay is applied whenever an employee has worked more than 8 hours in a single day, worked more than 40 hours within a work week, or in the first 8 hours on the seventh consecutive day of working. 

Should an employee work over 12 hours in a single day, then they are eligible to receive double-time, which is by literal definition, double their hourly rate. 

However, instances of double pay are incredibly uncommon. It is recommended that employees check their eligibility if their employer requires them to work for a prolonged period of time. 

Paid Sick Leave

Paid sick leave is mandatory in California and every employer in Sacramento must provide employees paid sick time for those who worked at least two hours in a week, as per California Labor Code 246. 

As such, employees who have worked at least 30 days for the same employer are entitled to paid sick leave. However, it is important to note that the rate employees accrue sick time is one hour for every 30 hours worked, and the maximum they can earn is 40 hours (5 work days) per year. 

Meal and Rest Breaks

According to California Labor Code 512, employees must be provided with a 30 minute unpaid meal break for every 5 hours worked. They are also entitled to a 10 minute break for every 4 hours of work. The only exception to the 30 minute meal break is unless the employee is off of their shift by the 5th hour. 

Should an employee go over their hours without taking an uninterrupted meal break, then it would become a meal break violation where employers can be fined and even sued for noncompliance. 

Common Wage Theft Cases

Wage theft cases are a serious and unfortunately common scenario that affects thousands of employees on an annual basis. According to a database provided by the US Labor of Commissioner’s office, at least 30,000 wage theft cases are filed every year and only about one-eighth of those cases are resolved. As such, it is vital that workers understand some of the most common examples of wage theft so they can recognize the signs and make the necessary preparations for legal action.  

Minimum Wage Violation

A minimum wage violation is when an employer pays an employee less than the legally required minimum wage. In California, these cases tend to occur with businesses where workers are paid at a daily or weekly rate for the sake of convenience or simplicity. 

However, in more complex cases, employers may try to deduct an employee’s wage for unreasonable expenses such as uniforms, supplies, and other job-related costs. 

Unpaid Overtime

Unpaid overtime is when an employee is not properly paid for the amount of hours they have worked. Any employee who has worked more than 8 hours a day, or more than 40 hours in a work week, is entitled to overtime pay. 

Some of the most common instances of unpaid overtime is when employers have their employees do some prep work before they clock in to avoid paying them more. However, more complex malicious instances typically involve employers manipulating time cards or by simply refusing to pay their employees the legally required rate for overtime. 

Unpaid Meals/Meal Breaks

Unpaid meal breaks are when an employer denies their employees legally required meal breaks and/or pressures them to work through their breaks without pay. As every employee in California is legally required to take an uninterrupted meal break if they worked more than 5 hours in their shift, employers can be held liable for wage theft, especially if they are consistently harassing their employees.

Unpaid Reimbursements

According to California Labor Code 2802, any employee who has used their own money for job-related expenses is entitled to be compensated by their employer for their expenses. Expenses can range from traveling to another location for work, to even purchasing necessary supplies in order to perform their duties. If any employer fails to reimburse their employees, they can be held liable for their actions. Depending on the size and nature of the company, they could be susceptible to a class action lawsuit.  

Misclassifying Employment Status

Misclassification is when employers incorrectly categorize their employees as independent contractors or exempt employees in order to avoid paying benefits, overtime, and any other entitlements protected under California labor laws.

For instance, minimum wage, health benefits, sick pay, overtime pay, double-pay, worker’s compensation, and unemployment insurance are all things an full-time employee can usually access in contrast to an independent contractor who has to pay for these things out-of-pocket. 

What To Do If You Experience Wage Theft

If you have experienced wage theft from your employer, there are several things you can do in order to get the wages that you deserve. However, the single most important thing victims of wage theft can do is to keep a detailed record of work hours, pay stubs, contracts, and any communications with their employer regarding pay. 

If possible, it is also recommended to take detailed notes of specific instances where wage theft occurred, such as dates, hours worked, and any other relevant details. 

Before consulting with a Sacramento wage theft attorney, it is recommended to consult with the employer’s HR department or a direct supervisor to see if the issue can be resolved quickly and without any escalation. If that is not possible, then it is highly recommended to consult with an experienced wage theft lawyer to see if it is possible to get compensation for the injustice. 

How A Sacramento Wage Theft Lawyer Can Help You

A Sacramento wage theft lawyer can help with a variety of tasks, aside from filing a wage theft claim, against a negligent employer. For instance, an experienced wage theft attorney can help gather evidence, give sound legal advice, negotiate, and represent clients in court with their best interests at heart. 

While it is possible to file and pursue a claim independently, it is highly discouraged due to the complex technicalities that are commonly found in a wage theft claim. Failing to notice such technicalities may affect the claim’s strength and the possible awarded sum. With that in mind, it is highly recommended for employees to hire a talented Sacramento wage theft lawyer to represent them.

How Much Does a Wage Theft Attorney Charge?

Generally speaking, most employment attorneys charge based on their experience and work load. However, some operate under a contingency-fee system, which means clients don’t have to pay any upfront fees or legal bills unless their attorney has either received a settlement offer, or wins their case. 

Should a wage theft attorney achieve either scenario, then they can charge their clients a percentage fee for their legal services. If legal fees are a concerning issue, it is recommended to consult with several different attorneys to see the various options available.

Lawyers for Justice, PC Is Here to Help Sacramento Workers

Victims of wage theft may feel that they are helpless to recover compensation from their negligent employer. However, they shouldn’t have to, because they can hire an experienced employment attorney to help them get the just compensation they deserve. 

Lawyers for Justice, PC is a law firm that specializes in wage and hour violations and they are prepared to take cases and fight for employees affected by negligent employment practices. 

To get started on a claim, call (916) 378-7372 for a free case consultation!