Wage And Hour Claims

Don’t Be Deceived By Your Employer

Since labor is the single largest controllable expense, some employers attempt to get more work out of their employees in violation of California’s minimum working condition requirements. You can rarely count on your employer to accurately inform you of all your rights. Employers who claim that an employee is “exempt” from these laws has a high burden to establish the elements for exemption – and exemption claims by employers are narrowly construed in favor of the employees.  Some common misconceptions regarding overtime:

• All hourly employees are entitled to overtime pay.
• Salaried employees are entitled to overtime pay unless the employer can prove all the elements for exempt status.
• Your employer must provide appropriate off-duty meal and rest breaks to most nonexempt employees, and must pay additional wages for each day a meal or rest break is not provided.
• Your employer cannot ask you to work off the clock, such as showing up early to prepare for your shift or staying late to clean up. Any time the employer exercises control over you is time you are entitled to be paid under California law.
• Your employer cannot round time to your disadvantage when you are required to punch in/out on a time clock.
• Your employer cannot misclassify you as an exempt employee to avoid paying you overtime. Common misclassified positions include salaried retail positions, sales and/or delivery positions, computer or IT professional positions, independent contractor classifications, and bank, insurance and stockbroker positions.
• Your employer must pay overtime wages based on a rate of pay that includes all compensation earned, including bonus and other incentive pay.

We Offer Free Consultations And Contingency Fees

With more than 40 years of combined legal experience, the attorneys at Righetti · Glugoski, P.C., can help you understand your rights and recover compensation for the unlawful actions of your employer. We have extensive experience handling labor claims seeking unpaid wages and benefits such as overtime, meal and/or rest breaks, vacation, misclassification, expense reimbursement, off the clock work, etc. From our offices in San Francisco, our firm represents individuals throughout California.

Located in San Francisco, our lawyers represent classes of individuals throughout California with wage and hour complaints. Your initial consultation is free and we take all cases on a contingency fee basis. We do not charge attorneys’ fees or costs unless we collect on your behalf. Call us at 415-983-0900, toll-free at 800-447-5549 or contact us online to learn more.

Se habla español.