Wage and Hour
Attorneys
Our experienced employment law attorneys specialize in employment-related disputes and can assist you with your wage-and-hour lawsuits.
$500,000
Premises Liability
$1.4 Million
Brain Injury
$3.3 Million
Motorcycle Accident
$2.0 Million
Car accident
$1.0 Million
Ride Share Accident
$1.1 Million
Motor Vehicle Accident
$110,000
Truck Accident
$500,000
Trip and Fall Accident
$1.0 Million
Medical Malpractice
$250,000
Airline Accident
$500,000
Premises Liability
$1.4 Million
Brain Injury
$3.3 Million
Motorcycle Accident
$2.0 Million
Car accident
$1.0 Million
Ride Share Accident
$1.1 Million
Motor Vehicle Accident
$110,000
Truck Accident
$500,000
Trip and Fall Accident
$1.0 Million
Medical Malpractice
$250,000
Airline Accident
Case Results
$3.3 Million
Motorcycle Accident
$2.0 Million
Car accident
$1.4 Million
Brain Injury
$1.1 Million
Motor Vehicle Accident
Wage and Hour Dispute
Filing a claim for a wage and hour dispute can be complex, as it requires detailed proof of various factors. This is why having a highly qualified labor attorney is crucial for successfully representing your case. Our experienced labor attorneys have decades of experience representing employees who have been mistreated by their employers.
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 team is available 24/7 via phone, email, or in person. We have offices in cities such as Las Vegas, Los Angeles, Fresno, and Irvine.
Understanding Wage and Hour Disputes
Wage and hour disputes arise when there are disagreements between an employee and employer regarding the compensation for working hours. These disputes can involve:
- Pay Discrepancies: Disagreements over the amount the employee should be paid.
- Break Times: Issues regarding the proper allocation of breaks and meal periods.
- Overtime Pay: Disputes over the calculation and payment of overtime.
- Unpaid Wages: Claims for work performed without compensation.
Your Rights and Legal Options
If you believe your employer has violated your rights and failed to pay you what you deserve, you may have a valid wage-and-hour case. Our experienced attorneys are dedicated to fighting for your rights and securing the justice and compensation you deserve.
Free, No-Obligation Consultation
With our free, no-obligation consultation, you can explore your legal options and determine the best course of action to recover the wages you are owed. Contact us today to ensure your rights are protected and to take the first step toward resolving your wage and hour dispute.
What Compensation Could I Receive for My Wage and Hour Dispute?
The compensation you may receive for a wage and hour dispute depends on the specifics of your case. Here are some common types of compensation our clients have successfully claimed:
- Unpaid Wages: Recovery of wages that were earned but not paid by the employer.
- Overtime Pay: Compensation for overtime hours worked but not properly compensated.
- Liquidated Damages: Additional damages equal to the unpaid wages, often awarded in cases of willful violation by the employer.
- Attorney’s Fees: Reimbursement for legal representation costs.
- Legal Fees: Coverage of court and filing fees associated with the lawsuit.
- Meal and Rest Breaks: Compensation for denied or missed meal and rest breaks.
- Emotional Distress: Damages for the emotional impact and stress caused by the wage and hour violations.
- Interest on Unpaid Wages: Interest on the amount of unpaid wages from the date they were due until they are paid.
- Reinstatement: In cases of wrongful termination related to wage disputes, you may be entitled to get your job back.
- Back Pay: Wages owed for past work that were not compensated at the correct rate.
- Statutory Penalties: Additional penalties that may be imposed on the employer for violating labor laws.
Each case is unique, and the specific compensation you may be entitled to will depend on the details of your dispute.
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 to 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.
Wage-and-Hour Laws
There are several types of laws that address wage and hour regulations, ensuring fair treatment of employees. These include:
- Federal Fair Labor Standards Act (FLSA): A federal law that sets standards for employers on how to treat their employees. The FLSA establishes minimum wage and overtime compensation requirements. It also defines the differences between exempt and nonexempt employees, as well as independent contractors.
- California Labor Code: Comprehensive state regulations that govern wage and hour issues in California. These laws include minimum wage standards, overtime rules, meal and rest break requirements, and protections against wage theft.
- Nevada Labor Code: State-specific regulations that address wage and hour matters in Nevada. These laws cover minimum wage requirements, overtime pay, and employee rights related to wages and working hours.
Understanding and complying with these laws is crucial for both employers and employees.
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 send a letter determining whether the employer or the employee was responsible. The letter will also determine whether 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.
Contact Us
Practice Areas
- Accidents
- Aviation and Airline Accident Attorney
- Bicycle Accidents
- Big Rig Accidents
- Bus Accidents
- Car Accidents
- Construction Accidents
- Crane Accidents
- Gym Accidents
- Horseback Riding Accidents
- Motorcycle Accident Attorney
- Pedestrian Accidents
- Premises Liability Accidents
- Ride Share Negligence
- Scaffolding Accidents
- RV Accidents
- Slip & Fall Accidents
- Swimming Pool Accidents
- Taxi Cab Accidents
- Train Accidents
- Trucking Accident
- Personal Injury
- Airbnb Injury
- Animal Injuries
- Axe Throwing Injuries
- Bounce House
- Broken Bone Injuries
- Burn Injuries
- Carbon Monoxide Poisoning
- Catastrophic Injury
- Dog Bite Injuries
- Factory Injuries
- Head Injuries
- Ladder Injuries
- Nerve Damage Injuries
- Premises Liability Injuries
- Seat Belt Injuries
- Sexual Assault Injuries
- Slip and Fall Injuries
- Spinal Cord Injuries
- Sports Injuries
- Traumatic Brain Injuries
- Work Related Injuries
- Wrongful Death Attorney
- Employment & Labor
- Medical Malpractice
- Data Privacy Breach
- Insurance Bad Faith
- Legal Malpractice
- Nursing Home Neglect/Abuse
- Product Liability
- Negligent Security
- Persian / Iranian Attorneys
Service Areas
testimonial
Amazing Car Accident Lawyer
“Saman is by far true to his word. He truly was available at all times and always kept me updated. In the end, he settled my case with a great results. He didn’t treat me like a file, he treated me as if he was representing family. If you are looking for open, fast, thorough and a detailed lawyer, look no further. I will definitely recommend him to anyone seeking legal services who wants to feel assured that they are in the best hands.”
Amir
Persistent
“I was injured in a car accident. The lawyer made sure that I went to my chiropractor sessions and that I get the medical attention needed. I also got MRI’s as needed and also got back injections as needed. He was very persistent on contacting me, even when I wasn’t reachable, and making sure that I got treated right and paid a good amount at the end. He is a very respectful person and great lawyer.”
Wendy
An Extraordinary Experience
“Thank you for your unwavering commitment to my case. Words do not adequately describe my feelings, when no one seemed to care about an old vet with an injury you were there. I can remember as clearly as though it were yesterday, your sincerity and desire to help me. For that, I will always be grateful. Your endless commitment of time, financial resources and a personal concern for my physical well being surpassed anything I could have expected or imagined.”
Ron
Related Articles
- New California Employment Laws for 2025
- Finding a Persian Personal Injury Attorney
- What If I Have Been Physically Assaulted At Work?
- What Is Considered Full Time In California
- Termination Without Cause
- Laid Off vs Fired, What Is The Difference?
- Defamation Of Character In The Workplace
- Contingency Lawyers For Wrongful Termination
Sam Ryan Heidari
Sam Heidari is the founding principal of Heidari Law Group, a law firm specializing in personal injury, wrongful death, and employment law with offices in California and Nevada. Sam Heidari has been practicing law for over 11 years and handles a wide range of cases including car accidents, wrongful death, employment discrimination, and product liability. The Heidari Law Group legal firm is known for its comprehensive approach, handling cases from initial consultation through to final judgment
Contact Us
24/7 Free Case Evaluation
NO FEE UNLESS WE WIN
Los Angeles Office
3530 Wilshire Blvd. Suite 710 Los Angeles, CA 90010 Tel: 213-884-4881Fax: 213-884-4588
info@HeidariLawGroup.comIrvine Office
17875 Von Karman Ave. Suite 150 & 250 Irvine, CA 92614 Tel: 949-239-1020Fax: 949-239-1021
info@HeidariLawGroup.comSacramento Office
180 Promenade Cir Ste 300 Sacramento, CA 95834 Tel: 916-461-1818Fax: 916-461-9797
info@HeidariLawGroup.comBakersfield Office
3501 Mall View Rd Suite 105 Bakersfield, CA 93306 Tel: 661-409-0000Fax: 916-461-9797
info@HeidariLawGroup.comLas Vegas Office
611 S 6th Street Las Vegas, NV 89101 Tel: 702-722-1500Fax: 702-722-1600
info@HeidariLawGroup.com