Wage & Hour Claims

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Both large and small employers often take advantage of their workers by violating federal, state, and local laws. Employees may not realize that they are entitled to minimum wage, overtime, meal and rest breaks, prompt payment of wages, detailed wage statements, and reimbursement. Employees also may be unaware that they are misclassified as “independent contractors” or as employees “exempt” from wage and hour protections.

Hersh & Hersh represents employees whose rights have been violated and seeks compensation on their behalf.  The firm recently secured a rare jury verdict against Terminix International as well as a $1.5 million settlement in two related cases where the company refused to pay termite inspectors overtime or provide meal and rest breaks.

If you or your co-workers believe you may have been injured by your employer you can speak confidentially with an attorney with the expertise to advise you on your rights and evaluate whether your employer has failed to comply with the rules and regulations that protect you.

In all cases, your employer is prohibited by law from retaliating against you if you assert your rights. Please contact Hersh & Hersh at 800-441-5544 for a free consultation with an attorney.


Some employers try to avoid their wage and hour obligations under California law by claiming that an employee is an independent contractor or an exempt outside salesperson, administrative assistant, professional, or executive.

There are specific requirements that must be met for a worker to be deemed an independent contractor or exempt employee. In many cases, employers rely on an employee’s lack of knowledge of these requirements to avoid paying substantial costs. Hersh & Hersh has experience pursuing misclassification cases in both state and federal court. In one case, Hersh & Hersh secured a favorable settlement for a class of assistants who were wrongly classified as independent contractors. In another case, Hersh & Hersh successfully resolved an action on behalf of employees who were wrongly classified as outside salespersons.

If you are concerned that you are misclassified, call our office to talk with an attorney so that your situation can be evaluated and a determination made as to your rights. Hersh & Hersh has the expertise to help you understand your proper classification and whether you are entitled to wages or other remedies.

Minimum Wage

Employees are guaranteed a minimum wage. The Federal minimum wage is $5.85 per hour, but California state law ($8.00 per hour) and municipal law ($9.36 per hour in San Francisco) offers greater protection for employees. Employees who are not paid by the hour are especially susceptible to violations of minimum wage law because the employee’s hourly rate is not immediately apparent.

If you believe you are being paid less than the applicable minimum wage, contact our office to speak with an attorney.


Employees who work more than 8 hours per day or 40 hours per week are entitled to premium overtime pay.

If you work more than 8 hour per day or 40 hours per week and are not receiving premium overtime pay, please call our offices to consult with an attorney.

Meal and Rest Breaks

Employees are entitled to meal and rest periods throughout the day. The more hours an employee works during a day, the more meal and rest periods the employer must provide.

If you are not being provided with the proper number of meal or rest periods, you may be entitled to penalties. Call Hersh & Hersh to consult with an attorney today.


Employers must reimburse their employees for all necessary work-related expenses, including mileage costs and work equipment, even if the employee does not ask to be reimbursed.

If you have not been reimbursed for expenses incurred in the course of your work duties, contact our office to discuss your potential case with an attorney. 

From our offices in San Francisco, California, the employee rights litigation attorneys of Hersh & Hersh represent employees throughout the nation.

California Injury Attorney Blog - Wage and Hour Claims
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