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Wage & Hour Law

Fresno Employment Lawyer Handles Alleged Wage and Hour Law Violations

Skilled representation for employers and employees throughout California

Good employer-employee relations are essential to a successful business. At the most basic level, this means businesses must follow state and federal law when it comes to working conditions and pay. At Gates Law Group, A Professional Corporation, we help resolve wage and hour disputes in Fresno and throughout California. Drawing on 39 years of experience, we are able to achieve favorable results through negotiation, mediation, arbitration and trial. Because we represent employers and employees, we know how to remove impediments to settlement and when it’s necessary to litigate a case aggressively to protect our client’s rights.

Basics of California and U.S. wage and hour law

The Fair Labor Standards Act of 1938 established the standard eight-hour workday and 40-hour workweek, required employers to pay a minimum wage, and to pay overtime at one-and-a-half times their hourly rate when certain conditions were met, such as more than eight hours worked in a day or more than 40 hours worked in a week. After 12 hours worked in a day, workers must be paid twice their rate of pay per hour. Congress has amended this law numerous times, adding protections for workers and penalties for employers. Presidents have also issued executive orders implementing FLSA in various circumstances, such as Executive Order 13658, providing a minimum wage for federal contractors.

Under California law, workers have even greater protection, since the state minimum wage is higher than the minimum under FSLA, and businesses are required to pay tipped employees the full minimum wage.

Common ways employers violate wage and hour law

There are many ways employers get into trouble violating wage and hour law, knowingly or unwittingly. Payment disputes often arise because employers have:

  • Misclassified employees — Only hourly workers are entitled to overtime. Salaried employees are exempt, as are independent contractors. However, if the totality of the worker’s circumstances is more like those of a wage earner than an exempt employee or contractor, a court could rule the worker deserves overtime.
  • Failed to pay workers on time — Failing to pay workers on schedule can expose employers to waiting time penalties of up to 30 days of full pay.
  • Required employees to perform work tasks during break times — Workers are entitled to meal time and regularly scheduled breaks. If employers ask them to do work-related tasks during this time, California Labor Code §512 imposes penalties of one hour’s pay for each violation.
  • Retaliated against employees who point out wage and hour violations — State and federal laws protect workers against any form of retaliation for exercising their rights.
  • Failed to properly record and credit overtime — Poor recordkeeping can easily get a business into trouble, even if the company had no intention of violating the law. Unpaid overtime triggers wage statement violations on top of waiting time penalties and the original obligation to pay the overtime.

The bottom line is that employers must comply with FSLA and the California Labor Code, and workers must receive fair pay. No matter which side of a wage and hour dispute you find yourself, we are determined to protect your rights and deliver the best outcome possible in your employment law case.

Contact an experienced wage and hour attorney in Fresno for a consultation

Gates Law Group, A Professional Corporation handles wage and hour law disputes as well as other employment law matters for workers and businesses throughout California. Please call 559-432-9944 or contact us online to schedule a consultation. Our firm’s main office is in Fresno, but we also assist clients from locations in Paso Robles and Visalia.

COVID-19 Notice

These are unquestionably difficult times. We understand the word "crisis". Usually, people do not come to us just to say hello. They come with their problems and we have to respond quickly. We understand they need help.

The problems do not stop because of the presence of the COVID-19. Assistance from our office will continue. We have the technology available to provide our clients with continued quality legal services in order to protect their interests. We can meet our clients virtually whether by telephone or video. We can meet our clients in person but with special arrangements and implemented safeguards.

In spite of the pandemic, life does not stop. You may continue to have legal needs. Some people will have greater needs than others. We stand ready to help whatever the circumstances.

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Allowing us to help you is a privilege we take very seriously. Gates Law Group, A Professional Corporation Tough. Competent. Understanding.

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  • Fresno Office
    2445 Capitol St
    Ste 150A
    Fresno, California 93721
    Phone: 559-432-9944
    Fax: 866-740-6678
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