Wage & Hour Attorney In San Jose, California

Contact Southern California Attorneys, A.P.C. to schedule a consultation with a lawyer today.

When do you need to work with our San Jose wage & hour lawyers?

‍Many employees in San Jose aren’t aware of their rights or what their employers are actually supposed to be paying them – they just do their jobs and trust what their employers say. But some employers make miscalculations or intentionally take advantage of their employees in order to keep more of the business’s profits in their own pockets. Below are some of the most common types of wage theft in San Jose. If you suspect that one of the following situations applies to you, then you may need to contact our knowledgeable San Jose wage & hour lawyers to confirm your suspicions, learn about your options, and take action to recover the wages you rightfully earned!

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Have you been misclassified?

‍Employees fall into one of two categories: exempt or non-exempt. Sometimes it can be complicated to understand which category you fall into. If you are salaried, you are likely exempt (but not always); if you are paid hourly, you are likely non-exempt. Non-exempt employees are entitled to overtime pay and more legal protections from employers. Because of this, employers will sometimes attempt to incorrectly classify non-exempt workers as exempt. If you’ve been misclassified, you may need legal help!

‍Have you been paid a minimum wage lower than the amount you should have been?

‍The federal minimum wage in 2022 is $7.25, but California’s minimum wage increased in 2022 to $15 for large businesses (26 employees or more) and $14 for small businesses (25 employees or fewer). In San Jose, the minimum wage increased in 2022 to $16.20, regardless of the size of the business. You are supposed to be paid, legally, the highest minimum wage applicable to your location; if you work in San Jose, this means that you should be getting paid $16.20 per hour so long as you are classified as non-exempt. This new minimum wage went into effect on January 1, 2022. Because it’s such a recent change, because of inflation, and because San Jose’s wage is higher than the state’s, many San Jose employers are likely not paying their employees correctly. If you’re not making $16.20, it may be time to contact our San Jose wage & hour lawyers.

‍Have you not been paid correctly for overtime, or not been paid for overtime at all?

‍Non-exempt San Jose employees are supposed to be paid “time-and-a-half” (50% of their regular hourly pay on top of their regular hourly pay) for any hours worked over 8 hours a day, 40 hours in a week, or for the first 8 hours on their 7th consecutive workday. They are supposed to be paid “double time” (twice their regular hourly pay) for any hours worked over12 hours a day, or for any hours over those first 8 on their 7th consecutive workday. Overtime laws can be difficult to understand, but an employer is responsible for accurately calculating overtime pay. If the above scenario doesn’t sound like your current overtime wage situation, call our San Jose wage & hour lawyers.

‍Have you been forced to share tips with management, or has your wage been docked because of the tips you make?

‍San Jose employees are entitled to keep all of the tips that they earn, and employers are not allowed to reduce their pay or pay them less than minimum wage because of those tips. Employers also cannot reduce your tips to account for credit card processing fees – they have to pay for those. If you work in San Jose, and earn tips, you get to make $16.20 plus those additional tips! You can be required to pool tips with other employees fairly, but you cannot be forced to share tips with anyone in management. If you’re not being given the tips you earn, it may be time to work with attorneys.