Wage And Hour Claims

Employers are financially liable for violations of wage and hour laws, including unpaid meal and break time, tip pool violations, unpaid commissions and misclassification of employees in order to avoid paying overtime.

At the San Jose law office of The Law Office of Phillip J. Griego, we handle employment law cases involving unfair business practices and labor law violations. If you have questions regarding working off the clock, allocation of tips or unpaid wages, get in touch with us at to schedule an appointment.

Wage And Hour Disputes, Unpaid Commission, Class Action Lawsuits

The Fair Labor Standards Act (FLSA) and California labor law require employers to pay minimum wage ($8.00 in California), to pay overtime to nonexempt workers, and to pay for missed breaks and meal times. These are important legal protections for employees.

The labor law attorneys at The Law Office of Phillip J. Griego represent workers and businesses in individual and class action wage and hour disputes involving:

  • Unpaid commissions and bonuses
  • Incentive plan pay disputes
  • Minimum wage violations
  • Overtime pay violations
  • Labor law violations covered by the California Private Attorneys General Act
  • Meal and rest breaks violations
  • Pay stub violations
  • Improper tip-pooling

Wage And Hour Disputes And The Classification Of Employees

In California there are three basic kinds of exempt employees: administrative employees, executive employees and professional employees. An employee is exempt from receiving overtime pay if he or she exercises independent judgment and discretion when performing his or her job duties.

However, exempt status under FLSA does not necessarily mean the employee is exempt under California labor law codes. While a primary determining factor is judgment and discretion in doing one's job, a proper classification for a specific job may also require the employer to consider how much time the employee spends doing each job task. Additionally, classifications for employees can vary by job and industry.

This is why it is vital to consult an experienced labor law attorney in any dispute involving the exempt or nonexempt status of an employee.

Contact San Jose Labor And Employment Law Attorneys

If you are involved in a wage and hour dispute, contact us to discuss your situation with an experienced attorney. Call 408-533-0825, or if you prefer, complete our online form. Now available to see clients in Alameda County and the East Bay Area: Call 408-533-0825.