Gaines & Gaines focuses a substantial portion of its practice on employment related disputes, with a special emphasis on wage and hour issues.

Many employers take advantage of employees and pay them less wages than they are entitled to under California law. A few common examples:

• Misclassifying employees as "managers" or "assistant managers" and paying them a salary to avoid paying overtime compensation. This is ILLEGAL. Just because you are paid a salary and/or called a manager DOES NOT MEAN that you are not entitled to overtime, rest breaks, or meal breaks. You must fit very specific requirements to be exempt from overtime and rest/meal breaks.



• Requiring employees to work through meal periods or denying them rest breaks.



• Improperly classifying employees as "independent contractors" to avoid paying certain taxes.



• Failing to pay commission-based employees a minimum wage or overtime, soley because they are paid on "commission."



• Failing to compensate employees for accrued vacation time upon termination.



• Failing to pay employees promptly upon termination.



• Forcing employees to sign an illegal release upon termination, purporting to release the employer from all potential claims. Many such releases are void.



• Reclassifying employees as "non-exempt" and changing their pay structure, without paying back wages.



• Forcing wait staff employees to pool tips with non-servers, such as bartenders, hosts, and supervisors.

Just because you work for a "reputable" or large employer does not mean they properly comply with California law. The Law Firm of Gaines & Gaines has handled many employment-related disputes and will help you recover the wages you are owed. In most cases, our firm handles cases on a contingency fee basis -- if there is no recovery, there is no fee.

Call us today to schedule a free consultation so that we can help you ascertain whether you have a claim against your employer.