A San Jose Attorney Helps You Understand Wage and Overtime Laws

An experienced lawyer protects you from excessive hours and wage violations

Both federal and California state law is intended to protect you from long hours and substandard pay. It is also intended to protect children from being taken advantage of by an employer. If you believe you or your child have been the victim of wage and overtime violations, you may be entitled to back pay and other damages.

The Law Office of George Duesdieker works to help clients who have been treated improperly and deserve compensation from their employers. We help protect your rights and put an end to employer abuse.

The FLSA outlines acceptable hour and pay standards

The Fair Labor Standards Act (FLSA) is a federal law that sets minimal levels of pay for every job throughout the country, and limits that number of hours that some people can be forced to work. Its provisions include:

  • Minimum wage – the federal minimum wage is $7.25 per hour for federal employees, although states are allowed to require employers to pay more.
  • Overtime standards ― There is no limit to the amount of time employees over the age of 16 are allowed to work per week. However, employees must receive overtime pay at the rate of one and a half times their regular pay for hours over 40 hours per week.
  • Child labor prohibitions ― Many jobs are off-limits to children 17 and under, and only a few are authorized for those under 14. Speak to a labor and employment lawyer to learn more about which jobs qualify.
  • Hours worked and recordkeeping ― Employers are required to keep records of hours employees work and display an official poster stating federal wage and hour requirements.

If your employer has failed to follow these guidelines, they may be violating federal employment laws. Our employment lawyer, George Duesdieker, can explain more about your rights under the FLSA.

California law offers additional protection to workers

California also protects workers through wage and overtime laws beyond the federal standards. Some of its notable laws include:

  • Higher minimum wage ― California raised the state’s minimum wage from $8 to $10 by 2016, one of the highest minimum wages in the nation.
  • Overtime requirements ― An employee who is not authorized to work additional hours may still be compensated for overtime at the rate of one and a half times their pay under California law. However, that employee can possibly be disciplined for excessive work hours.
  • Overtime for salaried employees ― Contrary to popular belief, salaried employees can be eligible for overtime pay in California.

California also has specific restrictions on child labor, including special hour and pay rates as well as exemptions and work permits. The state also has strong protections against discrimination under theCalifornia Fair Employment and Housing Act.

Contact us to learn more about pay and hour laws under the FLSA

The Law Office of George Duesdieker is dedicated to protecting the rights of Californians. If you work excessively long hours, get paid insufficient overtime or have a family member working a dangerous job at a young age, you or they might be the victim of an FLSA violation. For a free initial consultation, contact us at 650.684.5444 or online to schedule an appointment. We offer contingent fees, so you do not have to pay until you receive compensation