Sacramento Employment Lawyers

California law protects employees against discrimination, harassment, unpaid wages, and other unfair workplace treatment. Unfortunately, employee rights violations are relatively common in Sacramento. Employers often terminate workers without just cause. Others experience bullying because they don’t share the same beliefs as their co-workers or superiors, while some are paid less because their manager has an unfair bias against them.

Experiencing unfair treatment in the workplace is stressful and burdensome. If you feel that you have been a victim of unlawful employment practices in Sacramento, our California employment law attorneys may be able to help. All employees in Sacramento and throughout the state deserve to work in a safe and healthy environment where their employer abides by the regulations set forth under state employment laws.

What does an employment lawyer do?

Sacramento employment laws are unambiguous when it comes to the relationship between employee and employer. These laws are meant to protect your rights and ensure that you’re compensated fairly for the work you do. They prohibit employers from committing civil rights discrimination based on marital status, race, sexual orientation, gender, religion, disability, medical conditions, pregnancy, age, and nationality.  

One study revealed that at least one in every five diverse American employees had experienced unfair treatment or discrimination in the workplace. Unfair employee treatment can take on many forms, including:

  • Disability Discrimination: If you are capable of doing your job and are fully qualified, your employer is required to make reasonable accommodations for you. 
  • Whistleblower Activities: If you notice illegal activities at the workplace and report them, it’s unlawful for your employer to retaliate or mistreat you. 
  • Gender Discrimination: This kind of discrimination covers gender discrimination, sexual harassment, and pregnancy discrimination.
  • Family Medical Leave Act (FMLA) Discrimination: If you take FMLA for disabilities, pregnancy, or medical conditions covered by FMLA protections, your employer should not prevent you from taking leave or mistreating you if you do. 
  • Workplace Harassment: This encompasses all offensive and unwelcome conduct at work, especially if motivated by your sex, age, nationality, race, color, etc.  
  • Wage and Hour: Employers sometimes engage in illegal practices such as worker misclassification and failing to pay for overtime.

Employment attorneys can also help with litigations against implied contracts, hostile work environments, unreimbursed expenses, severance negotiations, and wrongful termination or retaliation by an employer. If you’ve experienced any of these discriminatory practices at your workplace in Sacramento, our employment lawyers can help. We can work with you to determine the best course of action to ensure your rights are represented and protected under California employment and labor laws.

Sacramento Wage & Hour Disputes

If your employer isn’t compensating you fairly for extra time worked or is misclassifying the work you do, you might be working unpaid overtime. This is illegal under California Labor Code Section 510. The employment law attorneys at Cutter Law, P.C., can work with employees in Sacramento who believe they are experiencing unfair wage practices

Main Types of Wage and Hour Violations in Sacramento

When Sacramento employers violate California overtime laws, it’s often because an employee doesn’t know they were entitled to the extra pay in the first place. Here are some of the main types of violations to look out for:

  • Misclassifying you as an independent contractor so that they only have to pay you straight-time wages
  • Improperly calculating your overtime rate, which differs based on the type of employee you are and may require complex calculations
  • Misclassifying you as an exempt worker and then paying you a salary
  • Failing to pay you overtime for all extra hours worked — California employees must be paid for standby, on-call time, travel time, and off-the-clock time in certain circumstances.
  • Being denied rest and meal breaks as stipulated by the law
  • Failing to pay earned tips, vacation time, and past-due commission
  • Improper deductions

There are also scenarios where your employer should pay you for work completed during your off-hours, such as attending mandatory meetings during your time off. 

What compensation is available in a wage and hour dispute?

If a wage and hours dispute in Sacramento is decided in your favor, the amount you can receive varies. You could accumulate up to thousands of dollars, like in the recent case of employees at a Sacramento restaurant whose employer was ordered to pay thousands in unpaid overtime wages.

If your employer hasn’t been paying you overtime, there’s a high chance that they owe you paystub penalties, unpaid overtime, and penalties for late payment.

Unpaid Overtime in Sacramento

Some of the California state overtime laws that apply to employers in Sacramento include: 

  • All non-exempt employees who are legally allowed to work in the state are entitled to overtime if they work for more than 8 hours a day or 40 hours a week. 
  • An employer should pay overtime when the employee exceeds the maximum work hour limits. For instance, if you work for 11 hours on a workday, 8 hours should be paid at the regular rate, while the other three should be paid as overtime.

California is very protective of its workers, and the penalties for unlawful workplace practices are steep.

What Is the Rate of Overtime Pay in Sacramento? 

Overtime pay is dependent on how many hours you work during a workweek. There are three main ways you can earn overtime in the Sacramento area:

  1. 7th Day Overtime Pay: If you work for seven days straight in a workweek, your overtime rate for the first 8 hours on the seventh day should be one and one-half times your hourly rate. After this, the rate increases to two times your hourly rate.
  2. Weekly Overtime Pay: You’re entitled to one and one-half times your regular hourly rate if you work for more than 40 hours a week.
  3. Daily Overtime Pay: If you work for more than eight hours a day, you’re entitled to one and one-half times your regular hourly rate. When this exceeds 12 hours, your rate then increases to two times your standard hourly rate.

Who is due overtime pay in Sacramento?

If you’re not classified as an overtime-exempt worker, you’re entitled to overtime pay. Exempt workers include those who work in sales, professional, administrative, IT, and executive employees. You should also note that you don’t need prior authorization from your employer to receive overtime pay. However, if you violate your employment firm’s overtime policies, you can face disciplinary action.

Sacramento Whistleblower Protection

Whistleblower retaliation is illegal in Sacramento and throughout the state. It’s unlawful for an employer to discriminate against their employees for objecting to organizational policy, reporting illegal company activities, or filing a sexual harassment suit with the relevant authorities. 

Examples of whistleblowers retaliation include:

  • Being intimidated by your employer or co-workers for reporting unlawful activities
  • Involuntary transfer or disciplinary action aimed at punishing you for being a whistleblower
  • Denial of promotions or appointments solely based on your whistleblower report
  • Threats of adverse action by your superiors
  • Poor performance evaluation with no merit
  • Wrongful termination for failing to engage in illegal activities

California may be an at-will employment state, but you may still take legal action if you were fired illegally. If you believe that you’ve been a victim of whistleblower discrimination, our Sacramento employment attorneys may be able to help you take legal action against your employer.

Is it worth getting a Sacramento employment lawyer?

Yes. An employment lawyer can help you navigate the often complex procedures associated with employment laws. Going up against your employer can be daunting, and an experienced attorney can give you the much-needed guidance and support. They can also advise you on your legal rights regarding commissions, wrongful termination, or severance pay that your employer owes you. 

If you’ve recently experienced what you think is wrongful termination from your job in Sacramento, the legal team at Cutter Law, P.C. can negotiate your claims and manage your lawsuit. We can work with you to help you receive fair compensation and ethical treatment from your employer.

Cutter Law Is Committed to Fighting Workplace Injustices in Sacramento

At Cutter Law, P.C., our employment lawyers are dedicated to helping clients fight illegal employment practices. Under California employment laws, you are entitled to certain rights regarding workplace policies and wages. Our legal team has the experience to hold your employer accountable and protect your rights as an employee in Sacramento. 

Let us fight workplace injustices together. Contact us today or call us at 916-290-9400 for a free case evaluation.

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