Stockton Wage and Hour Lawyer

Stockton Wage and Hour Attorney

California is very pro-employee regarding wages and hours and takes employer violations seriously. Employers are legally obligated to pay employees fairly for the hours they work, and when they don’t, workers are entitled to seek missing wages. If you’ve been paid unfairly in Stockton, a wage and hour lawyer at Asbill Law Group, APLC, can help you hold the employer accountable and recover damages due to lost wages, retaliation, or other wrongful actions.

Our skilled legal team has been protecting employee rights in California for more than a decade. The experienced attorneys at Asbill Law Group, APLC, can review your case and help you navigate the complaint process and, if necessary, the legal system. Whether that means negotiating with your employer or filing a legal claim against them, your lawyer’s top priority is to recoup the compensation you earned.

Employment in Stockton

The healthcare and retail industries dominate the Stockton employment landscape. Healthcare companies like Dameron Hospital, St. Joseph’s Medical Center, and Kaiser Permanente employ thousands. Proximity to Interstate 5, 205, 580, and Highway 99 makes warehousing and distribution an important industry with companies like Walmart and Amazon, the largest private employer in San Joaquin County.

According to the most recent data, Stockton employs 137,000 people, and the top industries include:

• Healthcare and social assistance: 19,513 people
• Retail trade: 16,939 people
• Transportation and warehousing: 13,985 people

Approximately one in three Californians is considered low-wage, meaning they earn less than two-thirds of the median full-time wage.

California Wage and Hour Law

California has several laws that provide clear guidelines and regulate how workers must be paid for the time they work. An employer is required to pay all employees a fair wage for the time they spend working and, in most cases, cannot ask employees to work additional hours without also providing overtime pay.

The minimum wage in California is $16.50 an hour, but there are some industries that have higher minimum wages. For example, employees at fast food restaurants make a minimum of $20 an hour, and certain healthcare employees receive a higher minimum wage, up to $25 an hour.

In addition, there are restrictions on how many hours an employee can work per day and per week without receiving overtime pay. A worker can only work 8 hours per day, 40 hours per week, or 6 days per week before they must be paid overtime. If a shift is longer than 12 hours, the employee is entitled to twice their regular rate. For certain kinds of jobs, workers are also entitled to pay for the time they spend waiting for work at the job site.

Violations and Penalties for Employers

Violations of wage and hour law in California are often related to minimum wage, overtime pay, meal or rest breaks, or unlawful deductions. Some types of workers are more susceptible to these violations, such as those who work in warehouses, farms, and service jobs.

Common violations include:

• Nonpayment of overtime, minimum wage, and business expenses
• Requiring workers to work off the clock
• Not providing employees with detailed pay stubs
• Misclassifying hourly workers as independent contractors
• Not allowing meal and rest breaks

When an employer is found to be in violation of the wage and labor laws, there can be harsh punishments. In some cases, employers may have to pay extra for the delay, and in cases of willful and egregious wrongful action, the employer may even face criminal charges, fines, and jail time.

FAQs

What Is the 7-Minute Rule for Payroll in California?

The 7-Minute Rule for payroll in California is a method some employers use to round workers’ time up or down to the nearest increment of 15 minutes. This makes employee timekeeping easier and allows employers to round 1-7 minutes down to 0 and 8-14 minutes up to 15. Some employers use a 5- or 6-minute rounding method, and some choose not to round employee time at all. All are permissible by law.

What Are the Rules for Hourly Employees in California?

In California, the rules for hourly employees govern how many hours an employee can work without receiving overtime pay, how unpaid meal and rest breaks must be allowed, and that employers have to provide pay statements that report the employee’s working hours and pay rate. Other types of employees, like independent contractors and salaried employees, are subject to different rules.

What Is the 4-Hour Rule in California?

The 4-Hour Rule, also called reporting time pay, in California, minimizes lost wages due to circumstances beyond the worker’s control. It means that most employees have to be paid their regular rate for at least half of their scheduled shift if they report for work hours, even if they finish their work early or are sent home before the end of the shift. An employee scheduled for 8 hours who is sent home after 1 hour would still receive 4 hours’ pay.

When Does Reporting Time Pay Not Apply in California?

Reporting time pay does not apply in California if the business cannot start or continue work due to a threat to the workers or property, if there aren’t proper utilities like electricity or water, or if the employees cannot work due to a natural disaster such as flooding or earthquakes. It also does not apply to workers who are independent contractors or other non-hourly employees or if an employee’s scheduled shift is very short.

Protecting Employee Rights – Asbill Law Group, A Professional Law Corporation

At Asbill Law Group, APLC, our skilled legal team is committed to protecting the rights of employees in and around Stockton, whether that is nonpayment of overtime, misclassification, or wrongful termination. Our knowledgeable wage and hour lawyers have the experience to greatly increase your chances of a successful outcome in your case. Contact our office today to set up an initial consultation and discuss your case. We are dedicated to advocating for employees when they need it most.