Unfortunately, wage disputes are very common among employees and employers. But, in the majority of cases, employees are afraid of speaking up and telling their employers about any problems that they may have with their wages. Many employees are afraid that an employer may retaliate against them for speaking up.

Contact our Sacramento employment attorneys today to schedule a one-on-one consultation and to discuss your wage dispute with your employer. Wage dispute is a term used to refer to a variety of disputes that could come up in the workplace. For a more specialized legal approach to your potential case, contact our attorneys. 

What are examples of wage disputes in Sacramento?

  • Overtime wage dispute: An employee has the right to overtime pay in the event that they work more than 40 hours a week. Oftentimes, an employer may refrain from paying an employee the overtime wages that they are owed.  An employee is required to pay overtime under the United States federal laws, specifically the Fair Labor Standards Act.
  • Minimum wage dispute: There could also be a dispute between an employer and an employee over how much the employee should be paid hourly. In California, there is a minimum wage requirement. This means that an employee must receive minimum wage or above. If an employer pays the employee below minimum wage, then the employee has the right to file a claim for a wage dispute in Sacramento. In Sacramento, the minimum wage currently is $15.50  but, this rate will increase to $16 an hour. 
  • Working off-the-clock disputes: Sometimes, an employer may pay a salary amount to an employee and may require the employee to work off the clock. An employee must be compensated for the hours that they are working off the clock. A general compensation amount is not sufficient and should specify in detail the responsibilities and the hours that the employee is required to work.
  • Meal break disputes: All employees in California are awarded meal and rest breaks. When an employee is not given a meal and rest break by their employer, they have the right to file a wage dispute.
  • Misclassifying an employee dispute: There are various ways to classify an employee. But, an employer me classify an employee a specific way so they save on their taxes. For example, an employer may classify the worker as an independent contractor, which could save them compensation when it comes to taxes. An employer cannot treat a worker as an employee yet financially classify them as an independent contractor. If you suspect that you have been misclassified as an employee, contact us today.
  • Payroll wage dispute: oftentimes, there may be an error made by the payroll department when it comes to the employees’ wages. In that case, an employee may try to speak up to their employer, only to get turned down. If you have found yourself in such a situation with your Sacramento employer, contact our Sacramento lawyers to discuss.
  • Tip wage disputes: This is commonly seen in hospitality and occurs when employees at a restaurant, hotel, or other hospitality services are given a tip, yet the tip is not directly given to the employees. Employers are required to give a percentage of tips to their employees.
  • Severance wage disputes: An employee who has been terminated from their position should receive severance pay. But, there are circumstances where an employee then is out of work and the employer refuses to pay severance pay.
  • Pay equity wage dispute: Sometimes, there may be disputes among various employees who hold the same position yet are getting paid differently. This could point to gender or racial discrimination in the workplace.
  • Union wage disputes: This occurs in workplaces where there are unions. Wage disputes could arise between the unions and the employer to receive fair pay.
  • Contract wage disputes: Sometimes, when an employer and employee begin work, it is outlined under a contract. But, the contract may be silent in certain circumstances when it comes to specific wages. In this case, a wage dispute could arise. 

Above are just some examples of wage disputes that could arise in Sacramento. Each wage dispute circumstance is different from one another, which is why our attorneys recommend that you speak to us for a more specialized legal approach.

Our employment attorneys have been representing employees who have had their rights taken advantage of. We have been representing workplace victims for the last several decades, and have the expertise and knowledge in Sacramento labor laws to make sure that you get the compensation you need. 

When should I file my wage dispute lawsuit in Sacramento?

If you believe you have a potential wage dispute lawsuit, you must act quickly. There is a statute of limitations in California that decides when it is too late to bring a lawsuit. You must file a lawsuit within the statute of limitations, or else you will lose your right to file the lawsuit and get the wage you deserve. Generally, you have 3 years from the date that your employer denied wages to get the compensation you deserve. But, there are circumstances where this time could be extended.

For example, if you have a wage dispute regarding California minimum wage, the statute of limitations could exceed up to 4 years. If you have a meal wage dispute, you may have only one year. Keep in mind that this time limit differs depending on the circumstances of the wage dispute. 

On the other hand, workplace retaliation disputes have a one-year statute of limitation. To get a specific time limit and statute of limitations for your case, we recommend that you come in for a complimentary case evaluation. 

What can our Sacramento wage dispute attorneys do for you?

  • Our attorneys will first evaluate all the circumstances of your wage dispute claim. For example, there are several different documents we will review such as employment contracts, employee handbooks, and pay stubs that reflect the pay you received.
  • We will work tirelessly to make sure that you get the compensation you need, this means negotiating with your employer prior to going to court. Sometimes, employers are more likely to negotiate an amount instead of going to court, since going to court could be costly.
  • In the event that we are not able to come to some type of negotiation agreement, our attorneys will file a lawsuit in court or file an administrative complaint against your employer, depending on the circumstances. 

Sacramento Wage Dispute Lawyer Near Me

Many employees don’t even know that they have a potential wage dispute claim against their employer. Other employees may think that they have a way to dispute claims, but are too afraid of speaking up in fear of retaliation. Your employer, under Sacramento law, cannot retaliate against you when you bring up a wage dispute. In that case, you then may have a workplace retaliation.

These workplace terms could get very complex and tricky, and that is why we recommend that you speak to our experienced labor attorneys as soon as possible.