Overtime & Wage Disputes

Overtime & Wage Dispute Lawyers in Oxnard

Representing Employees in Ventura County & Across California

Violating California’s wage and hour laws by employers happens all too often in the workplace. Unfortunately, not all employees understand their rights under these laws, allowing employers to take advantage of them. This can include the employer neglecting to pay minimum wage or overtime hours, pay for working “off the clock,” or for reimbursement of job-related items bought by an employee on behalf of his or her boss. These kinds of abuses have become known as “wage theft,” resulting in income loss for workers. Such mistreatment can escalate for some workers when they report them. They may find themselves out of a job or facing a compensation dispute that requires legal actions. 

At Moss Bollinger, we are well aware of the tactics employers can engage in to avoid paying workers what they owed under the law. Our attorneys have been aggressively fighting for the rights of employees for over a decade. Our mission is to hold these employers accountable for their violations of labor law through claims and lawsuits. We handle all types of wage and overtime cases with the goal of obtaining the restitution to which our clients are entitled. Not only does this type of justice compensate you for the losses you have suffered but it can help protect other employees from such abuses. 

Have a question about your wages? Get in touch with our Oxnard wage and overtime dispute attorneys at Moss Bollinger. Dial (866) 535-2994 or complete an online form.

Protecting the Rights of Employees, Personal Injury Victims, & Consumers

Wage, Hour & Overtime Claims in California

Abuses of wage, hour, and overtime regulations can include the following:

  • Failure to pay overtime when work exceeds the legal limits
  • Failure to pay minimum wage
  • Falsely reporting the employee’s number of hours worked
  • Failure to pay for applicable vacation time
  • Failure to pay when employees work off the clock, such as taking calls, handling emails, or working on reports at home after putting in a full day or work week
  • Failure to pay for required rest breaks
  • Misclassification of employees as independent contractors to avoid paying them overtime
  • Failure to forward severance pay
  • Putting employees “on call” without payment
  • Retaliating against an employee for reporting wage and overtime violations
  • Wage abuses against tipped employees
  • Failure to pay commissions

Your Wage and Overtime Rights in California

California laws are some of the most employee-friendly laws in the country, affording California employees strong rights and protections from abusive employers. One of the areas of law that affect the most employees are laws regarding wages and overtime. These laws are historic and establish the basic and fundamental rights of the California workforce when it comes to pay and hours.

These rights include:

  •   Right to minimum wages. There is a federal minimum wage, a state minimum wage, and some local governments establish minimum wages for their areas. Under state and federal law, employees are entitled to the highest minimum wage available in a geographic area. Without a minimum wage, employers could simply collude to pay employees next to nothing.
  • Right to overtime pay. Employees who work over eight hours a day or forty hours in a workweek are entitled to 1.5 times their regular rate of pay for overtime work. In addition, any time beyond 12 hours in a workday entitle an employee to 2 times their regular rate of pay. Overtime pay compensates employees for working long hours, and also provides a deterrent to employers who want to push their employees past their limits.
  • Right to rest breaks. Employees are essentially allowed to take a half hour meal break for every five hours worked in a workday. Further, employees must be permitted a ten minute rest break for every four hours worked in a workday.
  • Right to accurate time keeping. Employers are mandated to pay you for every hour you work. Unfortunately, employers play fast and loose with the law and often compel employees to do work “off the clock”. This is unlawful and deprives you of your wages, breaks, and of accurate overtime compensation.

Is Your Paycheck Late?

When you go to work at your job, you do so with the expectation of getting paid. Not only is this is the civic contract between an employer and an employee, but it is well-settled law. Unfortunately, as the attorneys at Moss Bollinger have seen many times, some employers either don’t have their business in order or choose to play games with their employees when it comes to payment. One of these scenarios is when employers pay employees late.

Employers Must Establish Paydays

The state of California requires that employers establish two paydays per month. An employee’s wages from the first two weeks of the month, must be paid no later than the 26th of the month. Wages earned for the rest of the month must be paid by the 10th of the next month.

Not only is it the law that California employers must establish paydays, but it must also clearly notify its employees of these dates. California Labor Code Section 207 requires that: “Every employer shall keep posted conspicuously at the place of work, if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer, a notice specifying the regular pay days and the time and place of payment, in accordance with this article.”

Employer’s Penalties for Late Payments

If your employer pays you late, you have two initial options: 

  • (1) to make a demand for the money you are owed; and 
  • (2) to lodge a complaint with the California Labor Commissioner’s Office, Division of Labor Standards Enforcement. California Labor Code Section 210 provides penalties for employers who fail to pay employees. Some of the employer misconduct included in this section includes failing to pay wages, issuing checks that bounce, and taking unauthorized deductions from paychecks.

For an initial violation, the California Labor Commissioner’s office may seek $100 for each failure to pay each employee. Subsequent failures will invoke a $200 fine, in addition to a penalty equal to 25% of the amount that was unpaid. While this may not directly help your bank account, employers do not want the expense, time, and hassle of fighting the Labor Commissioner’s office.

You Have Rights

As an employee in the state of California, you have legal rights. You need an attorney who knows the law and is willing to take on your employer to set things straight. You work hard and deserve every cent you have worked for. Let us help you. We work on a contingency basis and don’t charge any fees up front. Call Moss Bollinger at (866) 535-2994, or contact us online.

At Moss Bollinger, we have years of experience in wage claims and can help you figure out whether you have a valid claim. Let us help you fight for your rights. 

We take no fees up front and do not get paid unless you do. Contact us at (866) 535-2994 to schedule a free consultation or reach us online.

Wage, Hour & Overtime Laws

California employers are required to comply with both state and federal laws regulating wages, hours, and overtime. Under minimum wage laws, hourly wages are set for employers to follow based on the number of employees they have. As of 2021, California’s minimum wage is $14 per hour for companies with 26 or more workers and $13 an hour for companies with under 26 employees.

Overtime pay is required for employees who work more than 8 hours a day or more than 40 hours a week. Overtime pay of one and one-half times your normal wages is required. Unpaid meal breaks of at least 30 minutes are required after five hours of work and 10-minute rest breaks for every four hours of work are also required. 

Reach out to a Oxnard overtime and wage dispute attorney online or at (866) 535-2994 for a free case evaluation. 

Get Employee Rights Representation Today

Let Moss Bollinger Fight for You

Fighting your employer in any kind of dispute can be a daunting task. You will need to prove your claim with detailed evidence and the proper legal requirements to prevail. Having a skilled employment lawyer on your side is invaluable. Our firm can investigate, gather evidence, build and negotiate or litigate your case. We are here to give you the best chance of obtaining fair and just compensation for your financial losses. As a firm that has extensive experience and a strong track record of legal wins, we urge you to contact us to learn more.  

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