Wage and Hour
Our experienced employment law lawyers focus on employment-related disputes, and could assist you in your wage-and-hour lawsuits.
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Wage and Hour Attorneys
Filing a claim for a wage and hour dispute could be very complex since there are many different details that an employee must have to prove. That’s why it takes a highly qualified attorney to successfully represent you. Our experienced labor attorneys have been representing employees who have been mistreated by their employers for decades.
If you or a loved one believe you have a wage-and-hour dispute with an employer, contact our attorneys today for a free no risk consultation. Our attorneys are available 24/7 via phone, email, or in person. We have offices located in cities such as Las Vegas, Los Angeles, Fresno, Irvine, etc.
Wage and hour disputes occur when an employee and employer have disagreements on what the employee should be paid for their working hours. The disagreement could not only be about the pay, but also the break times the employee deserves.
If you believe your employer has violated your rights and has not paid you what you deserve, then you may have a valid wage-and-hour case. Our experienced attorneys will help fight for your rights to obtain the justice and compensation you deserve. With our free no-obligation consultation, you will be able to receive the different legal options you could take to recover the wages you are owed.
What Compensation Could I Receive for My Wage and Hour Dispute?
The compensation you could receive for your wage and hour dispute depends on the circumstances of the dispute. some of the most common types of compensation we have seen our clients receive include:
- Unpaid wages
- Overtime pay
- Liquidated damages
- Attorney’s fees
- Legal fees
- Meal and rest breaks
- Emotional distress
What Leads to a Wage and Hour Lawsuit?
One of the major reasons for wage and hour disputes is when an employer misclassifies the employee. When an employer misclassifies an employee, the employee will not get paid what they deserve.
- Exempt vs. non-exempt employees: Employers misclassify employees as being exempt in order to deny them overtime compensation and benefits. Employees who are exempt from the Federal Labor Standards Act are not entitled to any rights. An employee could only be exempt if they make $47,476 per year, the employee’s duties include managing the company, and the employee has an executive or administrative job.
- Employee vs. independent contractor: Employers oftentimes also misclassify an employee as an independent contractor. This is because independent contractors do not have the same rights afforded to employees. An independent contractor is an employee who has been hired to perform a specific service, and does not associate themselves with the company, and do not get the same benefits. In order to determine if you are an independent contractor or an employee, our employment law attorneys look at the degree of control you have over your work, the type of skills required for your work, your role within the company, the level of control between you and the company that hired you, and the amount of equipment that you have to buy for your work.
The Right to Get Paid Minimum Wage
Employees covered under the Federal Labor Standards Act are entitled to the federal minimum wage. Employees who are not receiving minimum wage have a claim for a wage and hour dispute against their employer. The same applies for California and Nevada minimum wage laws.
The Right to Overtime Compensation
Non-exempt employees are entitled to overtime compensation for one and a half times their regular rate of pay.
What are the Damages I Could Receive from a Wage-and-Hour Dispute Lawsuit?
There are several different types of compensation you could receive from being denied your right to your wages. This includes:
- Unpaid wages
- Unpaid final paycheck
- Unpaid business expenses
- Unpaid sick leave
- Reimbursement for the difference between minimum wage and the amount you were paid
- Unused vacation hours that were not paid
- Unauthorized deduction from the employee’s paycheck
There are several other types of wages that you could potentially be entitled to that depend on your situation. Our experienced employment law attorneys will review your records to determine what type of other compensation you could receive. You could also receive the full amount you are owed, plus interest and penalties depending on the violations that your employer has committed.
When Should I File My Wage and Hour Dispute Lawsuit?
Whether you are located in California or Nevada, the statute of limitations time limit is 3 years from the day you were denied your right payment. This means an employee has 3 years from the date of the violation to file the wage and hour dispute. If the plaintiff brings the wage and hour dispute claim against the defendant after the three years have passed, the plaintiff’s claim might get dismissed.
Would I still Be Entitled to a Wage-and-Hour Dispute If I am an Undocumented Immigrant in California?
Yes, Federal and California wage-and-hour laws apply to employees and workers regardless of legal immigration status. Undocumented workers have the same wage and hour rights as other workers.
Examples of Wage and Hour Violations in California
Some examples of the most common types of wage violations include:
- Failure to pay minimum wage: An employer must pay the minimum wage, because anything lower would result in a violation.
- Meal breaks: Employers are required to give 30-minute unpaid meal breaks for every 5 hours worked. According to the California Labor Standards Act, an employer must be able to give an allotted amount of time to their employee for a meal and rest break. California law requires employers to provide employees with a 30-minute meal break for every 5 hours of work and a 10-minute break for every 4 hours of work.
- Failure to reimburse expenses: Employers are required to reimburse employees for necessary expenses during the scope of their work. For example cell phones and laptops that the employees had to purchase while on the job should be reimbursed.
- Commissioned employees: Employers have to pay commissioned employees minimum wage or overtime pay.
- Signing void releases: an employer should never force an employee to sign release documents.
- Withholding pay: if your employer withholds their employee’s pay after being terminated, you have a claim for a wage-and-hour dispute. Failing to pay wages upon termination could subject the employer to liability, especially penalties. Employers have to pay an employee a full day’s pay up to 30 days until all the unpaid wages are paid.
There are several different types of laws that address wage and hour regulations. This includes:
- Federal Fair Labor Standards Act: this is a federal law that establishes the standards for employers and how they should treat their employees. The Federal Labor Standards Act establishes minimum wage and overtime compensation for employees. This act also describes the difference between exempt and nonexempt employees, along with independent contractors.
- California Labor Code
- Nevada Labor Code
It is important that you hire a skilled employment law attorney that is well-versed in the above laws. An experienced employment law attorney must be able to understand which laws apply, and what legal claims they could potentially take in your case.
How Long Does a Wage Claim Take in California?
Other than filing a lawsuit, you could also file a wage claim. When a wage claim is filed, the Labor Commissioner will investigate the circumstances of the employment and review all of the evidence.
Within a couple of weeks, the commissioner will then send a letter out determining if the employer or the employee was responsible. The letter will determine if the employee is subject to payment of their wages. If the letter is not in favor of the employee, the employee has the right to appeal the decision.
Schedule a Free Consultation with Our Wage-and-hour Attorneys
If you or a family member have had an employer withhold your wages, contact our skilled wage and hour attorneys in California and Nevada for a free consultation. Our attorneys have decades of experience fighting for the rights of discriminated employees.
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