California Labor & Employment Attorneys

Do you know your employee rights?

Girard Gibbs LLP represents employees whose rights have been violated in the workplace. Our California labor and employment attorneys specialize in class action litigation representing employees who were subjected to California labor law violations, such as:

• Failure to pay overtime for any hours worked beyond 8 hours in a single day and/or 40 hours per week

• Improperly classifying employees as salaried and exempt from overtime wages

• Failure to pay the proper minimum wage

• Failure to pay employees for off the clock pre and post shift work

• Failure to properly pay commissions

• Misclassification of employees as independent contractors

• Failure to pay the proper vacation pay

• Failure to provide adequate meal and rest breaks

• Altering or changing time cards ("time shaving")

• Violating the California WARN Act, the New Jersey WARN Act, the New York WARN Act, or Federal WARN Act by failing to give 60 days notice before mass layoffs.

What are California labor class action lawsuits and employment class action lawsuits?

California labor and employment class action lawsuits allow many employees who were subjected to the same or similar California labor law violation to join together to bring legal claims for violation of their employee rights. The goal of a labor and employment class action lawsuit is to rectify problems caused by an employer’s illegal conduct either through monetary compensation to the employees (e.g. back wages) or injunctive relief to correct the unlawful practice (e.g. a court order prohibiting a company from discriminating on the basis of gender). Class action lawsuits enable courts to deal with claims of hundreds or thousands of persons in one action.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

Learn More About California Employment & Labor Law

1.      California Labor Law/California Wage and Hour Law
2.      California Overtime Law
3.      The Fair Labor Standards Act (FLSA)
4.      Minimum Wage Laws
5.      The WARN Act
6.      Independent Contractors
7.      Vacation Pay
8.      Tipped Employees
9.      Pre and Post Shift Work
10.     Farmworker Rights
11.     Are your properly classified as a salaried employee and exempt under California and Federal Labor Laws?

1. Do you know your rights as a worker in California?

California law protects employees in a variety of ways, including laws that provide for a higher minimum wage than Federal wage laws, daily overtime pay, commissions, meal and resk breaks, and vacation pay.

California wage and hour claims arise when employers fail to pay employees for all hours worked or fail to pay them properly for the hours that are worked. California wage and hour claims can also arise when the employer does not pay daily overtime, when employees are forced to work "off the clock," when employers alter time cards, and when employees work without mandated rest breaks and meal periods.

For more information contact a California labor and employment lawyer for a free consultation, or visit California Wage and Hour Law.

2. Does your employer comply with California's Overtime laws?

Under California law, employees are entitled to receive overtime pay when they work more than 8 hours a day, regardless of how many hours they work in a week. Some employers avoid paying overtime by misclassifying employees as "exempt" from overtime.

For more information or to contact a California overtime lawyer for a free consultation, or visit Overtime Laws and California Overtime Laws.

3. Do you know your rights under the Fair Labor Standards Act (FLSA?)

The Fair Labor Standards Act establishes federal wage and hour laws for workers in all 50 states. The FLSA sets the standard workweek at 40 hours and requires employees be paid overtime for all hours worked beyond 40 in a week. Some employers try to avoid paying FLSA overtime by misclassifying employees as "exempt" from overtime.

For more information or to contact a California labor and employment attorney, or visit The Fair Labor Standards Act.

4. Does your employer comply with California minimum wage law or federal minimum wage law?

Effective July 24, 2009, federal minimum wage law requires employers to pay employees at least a minimum hourly wage of $7.25. In addition, many states, including California, have set a higher minimum wage. California minimum wage is currently $8.00 an hour. Employees covered by both federal and state minimum wage laws are entitled to the higher minimum wage.

For more information or to contact a California labor and employment lawyer for a free consultation, or visit California Minimum Wage Laws or Federal Minimum Wage Laws.

5. WARN Act: Where you laid off without receiving proper notice?

The Worker Adjustment and Retraining Notification Act ("WARN" Act), enacted in 1988, is a federal law that requires certain employers to provide at least sixty days advance written notice to employees in the event of mass layoffs or plant closings. The purpose of the WARN Act is to allow workers adequate time to seek employment elsewhere. Many states have similar WARN Act laws including, California, Illinois, New York, and New Jersey.

For more information or to contact a WARN Act attorney, or visit The WARN Act.

6. Are you properly treated as an "independent contractor?"

Employers sometimes incorrectly classify their employees as "independent contractors" to avoid paying them overtime and other benefits. In order to correctly treat a worker as an independent contractor, an employer must establish that an employer-employee relationship does not exist.

For more information or to contact a California labor and employment attorney, or visit California Independent Contractors.

7. Did you receive accrued vacation time when you left a job?

Vacation time (either paid or unpaid) is not guaranteed by law. Many employers do, however, provide such benefits to their employees. Under California wage and hour law, once vacation time is earned, that vacation time must be paid whether it is used or not. Any vacation pay accrued but not used at the time of termination is owed to employees in their final paychecks, and employees are not allowed to have a "use it or lose it" policy.

For more on the rights of employees get paid for vacation time earned, or to contact a California labor and employment attorney, or visit California Vacation Law.

8. Does your employer adhere to California tipping laws?

California tipping law prohibits supervisors and employers from taking any portion of their employees' tips. Additionally, California law requires employers (hotels, restaurants, beauty salons, etc) to pay tipped employees such as waiters, valets, hostesses, at least the state minimum wage.

For more information on California tip law, or to contact a California labor and employment attorney, or visit California Tipped Employees.

9. Are you properly paid for pre and post shift duties?

California wage and hour laws require employers to pay employees for time spent performing and/or post shift activities, including "donning and doffing." Payment for pre and post shift activities may be required if (1) the activity is an integral part of the work activity (e.g. bus drivers inspecting their bus before the start of their shift), (2) the activity is regularly done most work days, and (3) the amount of time spent conducting the activity is not unrecordable.

For more information on the requirements of employers to provide compensation for time spent on pre and post shift duties, or contact us.

10. Do you know your rights as a farmworker?

Hired farmworkers are a vital part of agricultural work in the United States, and various laws have been enacted to protect their rights, including the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

For more information on farmworker rights, or to contact a California labor and employment attorney, or visit Farmworker Rights.

11. Are your properly classified as a salaried employee and exempt under California and Federal Labor Laws?

Under The Fair Labor Standards Act (FLSA) and the California Labor Code, employees are entitled to receive overtime pay unless they are properly classified as “exempt” employees.

For more information on exempt vs. non-exempt employees, contact a California labor and employment attorney for a free consultation, or visit Exempt v. Non-Exempt Employees.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

Why Girard Gibbs LLP?

Girard Gibbs is a San Franciso-based law firm specializing in employment and labor law, securities litigation, consumer class actions and complex business litigation. Our California labor and employment attorneys are knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007 and 2008 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.

If you would like to contact one of our California employment lawyers by mail at our California or New York offices, please write to:

Girard Gibbs LLP - San Francisco Office
c/o California Labor Attorneys
601 California Street, Suite 1400
San Francisco, California 94108


Girard Gibbs LLP - New York Office
c/o New York Labor Attorneys
711 Third Avenue, 20th Floor
New York, New York 10017