What Steps Should I Take If I’ve Been Sexually Harassed at Work in California?
When you go to work, you likely expect to do your job and leave without incident. However, when you experience sexual harassment in your…
When we work for a living, we expect to be compensated accordingly by our employers. Unfortunately, it’s not entirely uncommon for employers to fail to pay employees the wages they’re entitled to. If you’re currently in a payment dispute with your employer, contact our seasoned California wage & hour lawyers today so we can get started working on your case.
If you suspect that your employer has violated your rights by refusing to pay you the wages you’re owed, it’s paramount that you reach out to our experienced Los Angeles employment lawyers who can guide you through the process and protect your rights.
Currently, the federal minimum wage, enforced by the Fair Labor Standards Act, is $7.25 per hour. This means that federally, most employees (with some exemptions, such as those who work for tips) must be paid at least $7.25 per hour. That said, the state of California’s minimum wage is currently $15.50 and will go up to $16.00 per hour starting January 1, 2024.
In the state of California, some employees are entitled to overtime pay for working more than the standard hours in a day or a week. Overtime pay is a higher rate of pay that compensates you for the extra time and effort you put into your job. According to California overtime law, you should receive one and a half times your regular rate of pay for any hours worked over eight in a day or 40 in a week. You should also receive double your regular rate of pay for any hours worked over 12 in a day or eight on the seventh consecutive day of work in a week.
Importantly, however, not all employees are eligible for overtime pay. Some workers are exempt from overtime law based on their job duties, salary, or collective bargaining agreement. If you are not sure whether you are exempt or not, or if you suspect that your employer is violating your overtime rights, you should consult with an experienced California wage & hour lawyer.
If you believe your employer has violated your wage & hour rights in any way, you should take several steps. To start, you should voice your concern to your employer in a polite and respectful manner–it very well could have been a mistake, and your employer may just remedy the issue on their own and pay you accordingly.
However, if your employer refuses to do so and you think your rights have been violated, you should hire a wage & hour lawyer and file a claim with the Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement. From here, you will likely have to attend a settlement conference with your lawyer, your employer, and a deputy labor commissioner. The goal here is to resolve your dispute without having to go to a formal hearing.
If you can’t reach an agreement in the settlement stage, you’ll attend a hearing with your lawyer. You and your employer will present evidence and argue your case. As long as you can prove your claim, you should receive any wages owed to you.
Don’t face a wage & hour violation on your own. Contact a dedicated employment lawyer from Stansbury Brown Law, PC so we can help guide you through each step of the process ahead.