LEADING NORTHERN CALIFORNIA WAGE AND HOUR ATTORNEYS
Wynne Law Firm works to ensure California employees are receiving the wages and benefits they are entitled to under the law. We’ve helped our clients recover both earned and unpaid overtime as a result of misclassification and from off-the-clock work.
We have won rulings for employees who were:
- Refused meal and rest breaks
- Subjected to unlawful deductions from their wages
- Not reimbursed for business related expenses
- Not paid all of their wages and vacation time upon termination
Some employers seek to deny their employees the full protections and legally mandated benefits afforded under the law by calling them “independent contractors.” As a result, these employers engage in unfair competition with other employers who follow the law, and in turn hurt all citizens by not paying their fair share of taxes to governmental authorities.
Wynne Law Firm has the expertise and resources to uncover whether employees are being improperly and illegally classified as independent contractors.
In California, both the Labor code and the Industrial Welfare Commission’s Wage Orders set out the law governing employment relationships, outlining both the duties that employers owe to their employees as well as the rights of employees.
Sometimes these cases involve simple, straightforward legal and factual issues—and sometimes not. Unlike termination or discrimination cases that involve issues of intent, wage and hour cases usually stem from an inadvertent failure to comply with technicalities, such as not paying for mileage for the use of an employee’s personal vehicle to make bank deposits, or not including the calculation of all hours worked on an employee’s paycheck stub.
Because these rights are statutory, employers are generally held to a strict standard of compliance.
Wage and Hour violations by employers can arise in the following areas:
- Misclassifying employees as exempt from overtime pay
- Misclassifying employees as independent contractors
- Errors in wage and hour calculations
- Failure to pay for or denial of meal and rest breaks
- Failure to reimburse employees for work related expenses
- Failure to comply with minimum wage laws
- Failure to provide accurate wage statements
- Failure to timely pay proper amounts or all wages when due
- Failure to provide final wages at termination, whether by resignation, layoff or firing
- Failure to pay or improper calculation of vacation pay and time off
- Failure to pay sales commissions
- Failure to include commissions or bonuses in calculation of overtime pay