Top San Jose, CA Wage & Hour Lawyers Near You

What Are Wage-and-Hour Laws?

Wage-and-hour laws ensure a minimum pay rate and overtime compensation for workers. It gives you the opportunity to take legal action against your employer if they are not paying you what you deserve. Some common types of wage-and-hour violations can include:

• Paying under the minimum wage
• No overtime for work over eight hours in a day or 40 hours per week
• Misclassifying employees as independent contractors or salaried
• Not providing a mandatory rest or break period
• Not paying commissions
• Engaging in illegal tip pooling

What Are Some Examples of Situations Where I Might Need a Wage-and-Hour Lawyer?

Many workers have direct deposit so they don’t get a good look at their pay stubs. Unfortunately, some employers don’t follow wage-and-hour laws to make sure workers are paid fairly. If you think your employer isn’t paying you for your work, they may be violating California and federal employment laws. Situations where you might want to talk to a wage-and-hour lawyer include:

• The paycheck doesn’t match your work hours
• Your employer is making illegal deductions
• Your boss is withholding your tips
• Your employer wants you to work after you clock out
• Your employer classifies you as a contractor to pay you less

How Can a Wage-and-Hour Lawyer Help Me?

A wage-and-hour lawyer can help you understand your employment law rights. An attorney can review your case and explain your legal options. In some cases, this may mean first filing a complaint with the California employment agency or the U.S. Department of Labor. In other cases, it may mean filing a lawsuit or joining a class-action lawsuit with other workers who are treated the same as you. Your lawyer can represent you in every step of this process. In a successful wage-and-hour claim or lawsuit, you could be able to recover money for:

• Unpaid work hours
• Unpaid overtime
• Lost tips and commission
• Attorney fees

What Could Happen if I Don’t Hire a Wage-and-Hour Lawyer?

Taking legal action on your own is a difficult process. You could miss deadlines and not present the right evidence. If you don’t hire a wage-and-hour lawyer, you will likely be left with what your employer wants to pay. This means you could be losing out on thousands of dollars in overtime and other compensation. Your employer gets the benefit of your labor without paying a fair wage. This could mean:

• Lower pay
• Fewer benefits
• More work for less money
• Lower payroll benefits
• Less in retirement savings

What Questions Should I Ask When Trying To Find a Wage-and-Hour Lawyer in San Jose?

These questions can help you decide if you feel comfortable and confident that a lawyer has the qualifications, experience, and ability to manage your case. Many wage-and-hour violation lawyers offer a free initial consultation that allows you to understand your options and get specific legal advice before hiring them. The top questions to ask include:

• What is your experience in handling wage-and-hour cases in California?
• Have you represented workers in wage-and-hour cases like mine?
• What are potential issues that can come up in my case?
• How will you keep me informed about updates in my case?
• What is the likely timeline for resolving my case?
• How much can I receive in compensation?

Tips for Hiring a Wage-and-Hour Lawyer

Take the time to find a wage-and-hour lawyer who is right for you and will represent your best interests. Find a lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:

• Ask for recommendations
• Research lawyers online
• Schedule consultations
• Review experience and expertise
• Talk about fees and billing
• Trust your instincts