Gardena is located in Los Angeles County, California. It has a population of approximately 58,829. Major employers in Gardena include Nissin Foods, Target, Hustler Casino, UPS, Normandie Casino, and Memorial Hospital of Gardena. In Gardena, employees can bring wage and hour lawsuits under the federal Fair Labor Standards Act (FLSA) or the California Labor Code. They may involve failure to pay minimum wage, failure to pay overtime, or improperly classifying an employee as an independent contractor. They can also involve an employer’s failure to handle a meal or rest break correctly or failure to keep proper records. How you are designated, whether as an exempt or nonexempt employee, will affect your ability to pursue a claim. However, employers don’t always get it right. Sometimes, a wage and hour claim is too small to pursue via litigation, but a group of workers can band together to bring a class action. If you suspect you have a claim, a Gardena wage and hour attorney at the Calderone Law Firm can review your case.
Wage and Hour Law in GardenaThe FLSA sets minimum wage and overtime pay for nonexempt employees across the nation. It also prohibits retaliation against employees who are involved in protected activity associated with claiming their FLSA rights. Similar rights are provided to employees under the California Labor Code.
Under the California Labor Code, employers must pay minimum wage and overtime as appropriate to nonexempt employees in California. If your employer didn’t pay you for work you performed, didn’t pay you for overtime you worked, or paid you less than minimum wage for hours worked, you may be entitled to bring a wage and hour claim. The minimum wage is on a schedule to be increased each year until 2023. As of 2019, the minimum wage is $12 per hour or $11 per hour for small employers with at most 25 employees. Certain cities have a higher minimum wage and in those states, the employer is required to pay the higher local minimum wage. On July 1, 2019, the Los Angeles County minimum wage will be $14.25 per hour for big employers and for small employers, it will be $13.25. If you believe you have been underpaid, a wage and hour lawyer in Gardena can assess your earnings to determine whether a legal violation has taken place.
OvertimeIn California, employers must pay nonexempt employees overtime when they work over a certain number of hours. Overtime is calculated at 1 ½ times your regular hourly rate of pay. As a nonexempt worker, you’re entitled to overtime if you work more than 8 hours in a workday, more than 40 hours in a workweek, or more than 6 days in a workweek. If you work more than 12 hours in one workday or more than 8 hours on the seventh day of a workweek, you can be paid at twice your regular pay rate. Your employer might need to pay you overtime even though you weren’t asked to perform overtime work if you in fact performed overtime work, and a skilled Gardena wage and hour attorney can help you claim the amounts you may be entitled to.
Rest and Meal BreaksIn California, nonexempt employees are entitled to lunch breaks (or dinner breaks if appropriate) and rest breaks. You are supposed to get a 30-minute break to eat if you are a nonexempt worker who works over 5 hours in a day. Further, if you work over 10 hours in a day, you should get a second 30-minute break to eat. You must get a rest break as a nonexempt employee if you work at least 3 ½ hours in a day. You are also supposed to get a 10-minute rest period for every four hours or substantial fraction thereof that you work in a day.
Consult an Experienced Wage and Hour Attorney in GardenaEmployers in Gardena should abide by California and federal wage and hour laws. If you believe you have cause to bring a wage and hour claim in Gardena, it’s wise to consult a skillful litigator at the Calderone Law Firm. We may be able to provide tenacious legal representation in a wage and hour lawsuit on your behalf. Please call the Calderone Law Firm at (424) 348-8290 or contact us online.