Practice Areas - Employees

San Jose Wage and Hour Lawyers

San Jose Wage and Hour Lawyers

Wage and hour laws exist to make sure employers treat employees fairly, but when an employer breaks a law the employee can suffer loss of income and benefits, retaliation for raising the issue, as well as termination. Adverse actions take different form. If you think your employer has violated wage and hour laws, speak to a San Jose wage and hour lawyer right away. Masoom Law Firm P.C. is here to help you.

Wage and Hour laws

Wage and hour laws are designed to protect workers from being taken advantage of by their employers. Some of the most common violations include:

  • Not paying employees for all the hours they worked: Employees must be paid for all the hours they work, even if they are working off the clock or during their lunch break.
  • Not paying overtime/double time: Subject to some exceptions, California employees are entitled to time-and-a-half for all hours worked in excess of 8 hours in a workday or 80 hours in a workweek. Any work beyond 12 hours in a workday or 8 hours on the 7th consecutive day of work must be compensated in double-time. Overtime rules for certain industries and labor unions may differ.
  • Not paying employees for all the time spent on job-related activities: Employees must be paid for time spent on activities that are essential to their job, even if they are not actually doing work. This includes time spent attending mandatory meetings or training sessions, and time spent traveling for work.
  • Not providing breaks: Employers cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee’s fifth hour of work.
  • Withholding tips: Employers cannot withhold tips from employees, even if the employer is paying the employee a minimum wage.
  • Rest breaks: Non-exempt employees are entitled to a 10-minute rest break for every four hours of work. This break is paid and must be “uninterrupted” and should fall close to the middle of the four hour shift,

If you believe your employer has violated these or any other wage and hour laws, speak to a San Jose wage and hour lawyer at Masoom Law Firm P.C. today.

How can a San Jose Wage & Hour attorney help you?

Masoom Law Firm P.C. focuses on a range of wage and hour issues, including:

  • Minimum wage violations
  • Misclassification: employees are misclassified as “exempt” when they should be classified as “non-exempt”
  • Working without compensation
  • Payment for overtime
  • Classifying workers as employees vs. independent contractors
  • Unpaid Time Off/Vacation
  • Rest/Break period violations
  • Severance pay.

Our experienced attorneys are committed to advocating for your rights and ensuring that you receive the compensation and protections to which you are entitled under the law. Contact us today to schedule a consultation.

Understanding Your Rights as an Employee

As an employee, it's essential to understand your rights and protections under wage and hour laws. Here are some key points to keep in mind:

  1. Minimum Wage: In California, the minimum wage is set by state law, and employers are required to pay employees at least the minimum wage for all hours worked. If you're unsure whether you're being paid the minimum wage, consult with a wage and hour attorney for guidance.
  2. Overtime Pay: Employers must pay non-exempt employees overtime wages for hours worked beyond a certain threshold. Understanding when you're entitled to overtime pay can help ensure you receive proper compensation for your work.
  3. Meal and Rest Breaks: California law mandates meal and rest breaks for employees working certain hours. It's essential to know your rights regarding breaks and to speak up if your employer is denying you these required breaks.
  4. Classifications: Employers often misclassify employees as independent contractors to avoid paying overtime and providing benefits. If you suspect misclassification, seek legal advice to determine your correct employment status.
  5. Reporting Violations: If you believe your employer is violating wage and hour laws, you have the right to report these violations to the appropriate authorities, such as the California Labor Commissioner's Office. Whistleblower protections may apply to shield you from retaliation.
  6. Documenting Hours: Keeping accurate records of your work hours, including overtime hours worked and meal/rest breaks taken, can provide valuable evidence in case of wage disputes.
  7. Seeking Legal Help: If you encounter wage and hour violations in the workplace, don't hesitate to consult with an experienced employment attorney. They can assess your situation, advise you on your rights, and help you pursue legal action if necessary.

Understanding these rights empowers you to advocate for fair treatment in the workplace and ensures you receive the wages and benefits you're entitled to under the law. If you have further questions or concerns about your rights as an employee, our team at Masoom Law Firm P.C. is here to provide guidance and support.

Your Local Employment Law Attorneys

Ezna masoom


Attorney Elnaz Masoom Esq. meeting with another attorney



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Wage & Hour