Protect Your Rights With the Help of a Wage and Hour Lawyer in Santa Monica!

Raising concerns about unfair pay or mistreatment at work can be uncomfortable, especially when it means confronting your employer. 

So many Santa Monica workers choose to endure the frustration of being overworked, underpaid, or denied basic rights simply because they are unaware violations are taking place or feel they have no choice but to tolerate the situation. 

But, feeling taken advantage of is not just disheartening - it’s often illegal. From unpaid overtime to employers misclassifying workers to avoid providing benefits, these are direct violations of both California and Federal law. You have more rights than you may realize.

Fortunately, a qualified wage and hour attorney in Santa Monica can help you figure out whether a violation has taken place or not and what your next steps should be. 

Partnering with the right professional can help you hold your employer accountable and recover the compensation you’re owed. But with so many options in Santa Monica, who can you trust to provide the legal representation you deserve?

Starpoint Law is the #1 wage and hour lawyer in Santa Monica equipped to deliver the results you’re seeking, be it financial compensation or changes in your workplace. Get in touch today for a free consultation or learn more about the cases we handle below.

Common Wage and Hour Laws Employers Violate 

California workers are fortunate enough to be protected by some of the strongest labor laws in the country. However, that doesn’t stop employers from trying to cut corners and save money where they can. 

We see these wage and hour violations all the time, and have the experience necessary to help you claim damages and right those wrongdoings. 

Unpaid Overtime

The Fair Labor Standards Act (FLSA) and California Labor Code lay out strict guidelines for how non-exempt employees must be paid overtime. These rae:

  • Time worked over 8 hours in a day or 40 hours in a week (1.5x the regular rate of pay).
  • Time worked over 12 hours in a day (2x the regular rate of pay).

Employers try to get around these rules by misclassifying employees as exempt (which is actually another violation in its own right), failing to pay for off-the-clock work, or going as far as manipulating time records. Any of these violations constitutes getting in touch with a qualified wage and hour attorney in Santa Monica. 

Employee Misclassification

As we just said above, misclassifying employees - intentionally or unintentionally - is another wage and hour violation. We see employers misclassify workers as independent contractors or exempt employees to avoid paying overtime, benefits, or workers’ compensation.

California Assembly Bill 5 (AB-5) sets strict criteria for determining whether a worker qualifies as an independent contractor. If you’ve been misclassified, you may be entitled to back pay and benefits.

Failure to Provide Meal and Rest Breaks

California law requires employers to provide a 30-minute uninterrupted meal break for every 5 hours worked along with a 10-minute paid rest break for every 4 hours worked.

Denying or even interrupting these breaks is a violation of California Labor Code Section 512. Employers must paid you one additional hour of pay anytime one of these violations occurs.

Unpaid Wages and Minimum Wage Violations

Employers must pay employees the minimum wage or higher, depending on the city and state. As of 2023, Santa Monica has its own minimum wage ordinances requiring higher rates than the state standard. Violations include:

  • Paying below the minimum wage.
  • Withholding wages for hours worked.
  • Delaying paychecks.

Employees have a right to recover unpaid wages, including penalties and interest.

Illegal Deductions From Paychecks

Employers cannot deduct expenses for tools, uniforms, or other job-related costs from an employee’s paycheck unless explicitly authorized. They cannot force you to purchase these on your own behalf if they’re necessary for the job at hand, either. 

Unlawful paycheck deductions violate California Labor Code Section 221. If you’re having trouble getting your employer to compensate you for essential work tools, uniforms, or any other expenses, contact a wage and hour lawyer in Santa Monica.

Sick Leave and Vacation Violations

Employees earn at least one hour of sick leave for every 30 hours worked under California’s Paid Sick Leave Law. Employers must honor these accruals and cannot retaliate against employees for taking sick leave. 

Vacation time, if promised, is considered earned wages and must be paid out upon termination. These hours don’t just expire when you quit or are fired.

Retaliation for Asserting Rights

Your employer cannot retaliate by cutting your hours, demoting you, or terminating your employment just because you reported wage violations, requested overtime pay, or asserted your rights under California labor laws. 

Retaliation claims are protected under California Labor Code Section 98.6. This gets into another type of workplace violation known as discrimination, and that’s something a California employment lawyer can help you with as well.

How the Right Wage and Hour Lawyer in Santa Monica Can Help

Even if you aren’t positive you’ve been done wrong by your employer, it’s worth having a conversation with a wage and hour attorney in Santa Monica. They can discuss your situation and determine if it’s worth proceeding with legal action or not. The process may involve:

  1. Evaluating Your Claim: An attorney will review your situation to see whether your employer violated labor laws and assess the damages you may be entitled to recover.
  2. Gathering Evidence: Your attorney will work alongside you to collect evidence such as time records, pay stubs, employee handbooks, and witness statements that support your case.
  3. Negotiating on Your Behalf: Many disputes are resolved through negotiations before they get to court, which is the ideal outcome. The right wage and hour lawyer in Santa Monica can advocate for fair compensation without the need for lengthy litigation.
  4. Filing a Claim or Lawsuit: If negotiations fail, your lawyer will file a claim with the appropriate agency (such as the California Labor Commissioner) or pursue a lawsuit to recover unpaid wages, penalties, and damages. 
  5. Providing Legal Guidance: Your attorney will explain the legal process, deadlines, and potential outcomes, ensuring you feel confident every step of the way. You’re in complete control of the direction this goes, whether you want to settle out of court or collect the full amount you’re entitled to in a California court of law.

Most of the time you can get a free consulation with a wage and hour attorney in Santa Monica, so you don’t need to stress about the financial side of things. Many wage and hour lawyers in Santa Monica work on a contingency basis as well, so you only pay if you win.

That being said, why not take the next step today to recover the compensation you’re owed? Your trusted ally in workplace justice is Starpoint Law, and we’re eager to help you claim what you’re entitled to.

Let an Experienced Wage and Hour Attorney in Santa Monica Guide You Through the Next Steps

We know all too well how overwhelming wage and hour disputes can be, especially when your financial stability is on the line. But it doesn’t have to be this way.

Don’t go into this situation blind or with the wrong representation. Leave it to the experts at Starpoint Law, who have earned a reputation for top-tier legal representation, personalized service, and a results-driven approach.

Our attorneys specialize in wage and hour law, with an in-depth understanding of state and local ordinances in Santa Monica. We’ve used this expertise to help countless employees recover unpaid wages, overtime, and other damages.

Every case is unique, and we tailor our strategies to meet your specific needs and goals. There are no upfront costs as we work on a contingency fee basis. Plus, it’s free to have a conversation with an experienced wage and hour lawyer in Santa Monica to find out what options you have.

No matter why you need an employment lawyer in Santa Monica, we can help. Beyond wage and hour claims we have served as a pregnancy discrimination lawyer in Santa Monica and disability discrimination lawyer in Santa Monica, bringing the same passion to every case we take on.

We aren’t just the #1 wage and hour attorney in Santa Monica, either. Our California wage and hour lawyer team can support you in the fight for justice no matter where you work. Some of our most common locations served include:

Taking action against an employer can feel intimidating, but you don’t have to do it alone. Contact Starpoint Law today for a free consultation and let us help you take the first step toward justice. Your rights matter, and we’re here to protect them!