Dedicated Oakland Employer Defense Firm Fights Wage and Hour Claims

Determined Bay Area attorneys help resolve overtime and paycheck disputes

The employer defense attorneys at Bay Oak Law counsel Bay Area businesses on compliance with wage and hour laws. When workers voice concerns or file complaints about payment, rest breaks, benefits and other issues, we provide employers with legal guidance and seek favorable solutions. Located in Oakland since 1998, we are proud to have earned the respect of business leaders throughout the region.

Experienced lawyers advocate for employers accused of unfair pay practices

Employee wage and hour complaints often relate to deviations from one of the following state-law requirements:

  • Regular paychecks — California law generally requires employers to establish regular pay periods and to issue paychecks within seven to 10 days after the pay period ends.
  • Overtime — When an employee earns overtime for working more than eight hours per day or more than 40 hours per week, they must be compensated by the regular payday for the next work period.
  • Final paychecks — An employee should be issued a paycheck on their day of termination for all unpaid time worked up until then. Employees who give at least three days’ notice before resigning should be paid on their last day of work.
  • Vacation pay — Upon resignation or termination, an employee must be paid the equivalent wages for accrued but unused vacation time.
  • Rest breaks — California employees who work 3.5 hours or more in a day are owed at least one paid, 10-minute rest break. An employee who works more than six hours must be given an unpaid, 30-minute meal break. The total break time required depends on the length of the shift.

There are exceptions to these requirements, as in the cases of salaried employees and household domestic workers. If your employment practices are called into question, an experienced lawyer can help you resolve the dispute efficiently and cost-effectively.

Knowledgeable attorneys handle issues with independent contractors

While independent contracting is a common arrangement in the modern workplace, it cannot be used to skirt wage and hour laws. The distinction between independent contractor and employee is determined by the amount of control the employer can exert over the worker’s activities. Employees who are paid as independent contractors but who are in reality full employees may be entitled to recover benefits the employer failed to provide.

California is in the middle of some important changes on how to determine whether someone is an independent contractor or an employee. Bay Oak Law’s legal staff has followed these abrupt changes very carefully. If your business relies on independent contractors, we can advise or represent you regarding this vital issue.

Contact a Bay Area employer defense attorney to set up a free initial consultation

For help fighting an employee’s claims of wage and hour violations, reach out to the experienced employment attorneys at Bay Oak Law. From our office in Oakland, California, we counsel businesses throughout the Bay Area. To schedule a free consultation, call us at 510-208-5500 or contact us online.