Wage and Hour Disputes
Wage and hour disputes are extremely common in Temecula, so it is important employees know their rights.
Employees deserve to go to work and earn a legal wage. Unfortunately, payroll is one of the biggest expenses for employers in Temecula and so, they use many methods to deny employees the wages they have earned. All employees in Temecula, and throughout the rest of California, should know their rights under the law and what to do when their employer does not uphold them.
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law that outlines many rights for employees. The FLSA outlines the federal minimum wage as $7.25 per hour, and it has been that way since 2009. The FLSA also outlines overtime laws employers must pay. Under the FLSA, employers must pay employees one-and-a-half times their regular wage for every hour worked over 40 hours per week. Certain employees are exempt from the overtime law under the FLSA, including executives, administrators, and professional and outside sales employees.
While the FLSA outlines many laws employers must abide by, California also has its own laws that provide employees with even more benefits and protections.
Temecula Wage and Hour Laws
The laws on wages and hours in Temecula provide employees with even more rights. In 2021, the minimum wage in the city, as throughout the rest of the state, is $13.00 for employers with 25 employees or fewer, and $14.00 an hour for employers with 26 or more employees. The minimum wage schedule currently outlines the minimum wage in the state every year until 2023, with the wage increasing by one dollar every year.
The overtime laws in Temecula largely mirror the FLSA. All non-exempt employees are entitled to receive one-and-a-half times their regular wage when they work more than 40 hours in one workweek. When an employee works more than eight hours in a day, they are also entitled to receive overtime pay. When employees work more than 12 hours in one workday, they are entitled to receive twice their normal wage for every hour worked.
Filing a Claim for Wage and Hour Disputes
Employees in Temecula do not have to file a lawsuit against their employer to enforce their wage and hour rights. Instead, they can file a wage claim with California’s Division of Labor Standards Enforcement, which is a less expensive option. Filing this type of claim is essentially filing a complaint against an employer to recover the wages an employee is owed.
Although employees in the state do not have to file a lawsuit, they should still work with an employment lawyer that can assist with their claim. Employees may have to attend a hearing, collect proof of their unpaid wages, and file their claim within a certain deadline. A lawyer can help with the process and give employees the best chance of recovering the wages they have earned.
Call Our Employment Lawyers in Temecula Today
If you have not been paid your rightful wages or overtime pay, our Temecula employment lawyers at Gibbs & Fuerst, LLP, are here to help. Call us today at (951) 291-9814 or fill out our online form to schedule a free initial consultation with one of our experienced attorneys.