Wage & Hour

Whether paid hourly, on commission, or on a piece-rate basis, all workers have the right to overtime and other job protections and benefits. At Kingsley & Kingsley, we strive to make sure all workers are treated fairly and receive the full wages to which they are entitled. Our attorneys help employees in a host of industries across California, including restaurant workers (kitchen staff, wait staff, bus boys, and dishwashers), hotel workers (housekeeping, kitchen and banquet staff, security, desk, room service), computer and high-tech employees, home loan and banking, telecommunication sales industry, retail, and other hourly employees.

Both the federal government and California mandate a minimum wage that must be paid and a maximum number of hours that may be worked in a week, and both systems mandate the payment of overtime for hours worked over the maximum. California law goes above and beyond the federal law in both minimum wage and maximum hour law, mandating certain rest periods and meal breaks that are not required by the federal government.

The federal minimum wage is $7.25, while in California workers must be paid at least $8.00 an hour. As to overtime, the federal law in general requires that for any hours worked over 40 hours in a week, the employee must be paid one and one-half times the employee's regular rate. In California, the overtime requirement also kicks in when an employee works over eight hours in a day, regardless of the total amount of hours worked in a given workweek. Several exceptions and exemptions do exist; an experienced labor lawyer can review and evaluate your particular situation. For more information, see our overtime page.

The most common wage and hour claims center around overtime, meal or rest periods, or expense reimbursement, but there are others as well. For instance, employees who are required to perform any tasks before clocking in or out are entitled to compensation. This includes changing into or out of uniform or running errands to pick up supplies. Also, employees who are required to report to work but are then sent home are entitled to be paid for at least half a shift up to four hours (but not less than two hours).

Recover Unpaid Wages

If you were denied overtime pay or required to work "off the clock," you may be entitled to recover pay that is owed to you, as well as penalties and the costs of pursuing your claim, including attorney's fees and court costs. Even if your claim is small, chances are that there are other employees at your workplace who are being treated the same way. We may be able to combine these cases into a class action lawsuit that will recover unpaid wages for you and your co-workers while forcing the employer to change its ways.

If you believe that you were treated unfairly regarding wages paid or hours worked, contact Kingsley & Kingsley for a free initial consultation to determine whether you have a claim.