According to California and federal laws, workers deserve to be paid fully and fairly for their services. As an employee, you are protected by the law when it comes to working hours and payment. However, the sad truth is that some employers will violate these laws either out of ignorance or greed. Often, these companies will deliberately attempt to take advantage of their staff and try as much as possible to cut corners in the name of saving money.
If you are a victim of a wage violation, you need an experienced lawyer beside you. There are many benefits to seeking the services of an experienced Encino wage dispute lawyer. First, because the lawyer is fully versed in labor laws, you will get the best representation while helping you protect your rights. If you are a victim of a wage violation in Encino or the Los Angeles area, call our Encino employment law attorney today.
At Fraigun Law Group, we value the contribution employees place not only in our community but also to the whole nation. This is why we have taken it upon ourselves to protect workers against wage violations by ensuring they get what they are rightfully owed based on the labor laws.
We understand how wage and hour violations can affect an employee negatively. We represent workers who have been poorly paid by their companies in defilement of the law. We will help protect your rights and obtain the compensation you deserve and hold the employer accountable. To find out more, call us at 818-981-1800.
What Are Some of the Common Wage and Hour Violations?
You should know that the law protects your rights if your employer is taking advantage of you. Wage and hour violations are governed by two powerful laws, which are:
- The Labor Code of California
- The Fair Labor Standards Act
Employers violate the income and hour laws in various ways. Below are some of the examples:
- Failing to pay for all the time spent at work, including preparation time, on-call time, and others
- Failing to pay for overtime when earned
- Failing to pay employees the minimum income described by law or the applicable prevailing wage
- Misclassifying an employee as an independent contractor
- Misclassifying an employee as exempt
- Forcing an employee to work off the clock
- Forcing employees to work through their break or rest hours and failing to pay them
- Not refunding employees for certain work-related expenses
- Failing to pay workers the commission or bonuses they have earned or promised
NOTE: California’s law forbids employers from retaliating against workers who file a complaint against their employer’s violation or question about unpaid wages.
California Wage and Hour Class Action
The legal technical term for class action means a group of people with the same agenda and who have suffered the same type of infringement. Therefore, when it comes to wages and hours class action cases, it simply refers to the representation of an entire class of people (workers) who have suffered a wage violation from the same employer. Class action cases are very common, especially in wage and hourly lawsuits.
That is because if a company has committed a specific salary violation against one employee, the chances are the employer has committed the same violation against other staff. For example, if an employer has failed to pay overtime to one employee, the chances are the employer has failed to pay others or a specific group of employers.
In such a case, litigation involving class action (collective legal rights) of all wronged employees by the same employers is very successful compared to lawsuits involving an individual. This is why class action cases involving wage and hour violations are the best way to punish the employer for the violation.
What Compensation Will I Get From My Wage And Hour Violation in California?
The truth is that identifying the true value of your wage and hour violation case is difficult. That is because many factors influence the true cost. However, you can get an estimate or rough calculation by talking to our wage dispute lawyer.
The best thing is that booking a consultation or case evaluation session will not cost you anything. That is because we offer free consultation services where you get an opportunity to learn more about your case, get answers to your questions, and understand your legal rights.
According to California law, you may be entitled to collect penalties for unpaid wages. The penalties will add up to the total compensation amount. Below are some of the penalties and compensation amounts you may receive:
- The actual wage you should have been paid – You are surely going to receive the total amount of income that you should have been paid for your services
- Rest break violation penalty – This is an amount you will be awarded to compensate for the rest breaks you missed. Its calculation is based on one hour of pay for each day you missed one or more rest breaks.
- Meal period violation penalty – This is a compensation amount for each day you missed one or more meal periods. Its calculation is based on one hour of pay for each missed meal time.
- Liquidated damage penalty – This is a monetary value that is estimated for hard-to-determine losses. Its calculation is based on the same amount of unpaid wages. You should note that this applies to minimum wage violations only.
- Paystub violation penalty – This is a penalty that you may be awarded if the employer fails to provide certain required information about your wage and hours. For this, you may collect $50 for the first defilement and $100 for each following violation, with a maximum total of $4,000.
- Waiting time penalty – This is a penalty you are awarded if the employer fails to pay you on time when you have detached yourself from the company. In this case, you are entitled to your average daily wages for each day your employer fails to pay you, up to a maximum of 30 days. This type of damage is available to former employees only and not to those who are currently employed by the employer.
- Sick leave violation penalty – This type of penalty is administrative. This means that it is awarded when the employer fails to provide paid sick leave. With this option, you can either receive $250 or three times the value of the paid leave – whichever is greater for you. You also have the option of receiving an additional $50 every day, with a maximum amount of $4,000.
What Is the Process of Filing a Wage Claim or Litigation?
If your employer has failed to pay you all your earned wages, you have two options to choose from. They are:
- Filling the wage dispute with the California Labor Commissioner’s Office
- Filing a lawsuit in a civil court
Each method comes with different processes and even forms. Since the process may be confusing, it is wise to seek the services of a skilled and experienced attorney. At Fraigun Law Group, we can file a wage claim on your behalf at the civil court or Labor Commissioner’s Office.
What Is the Statute of Limitations for Filing a Wage Dispute Claim in California?
If you wish to file a lawsuit in civil court or a wage claim, it is wise to move quickly. That is because the state of California has a three-year statute of limitation based on the violation of statutory rights. This also applies to penalties for violating wage and hour rights. The time frame is different when it comes to cases involving contracts, which is four years starting from the date the contract was written and signed.
Call an Experienced Encino Wage Dispute Lawyer Today!
At Fraigun Law Group, we offer free consultation services. This means that you get an opportunity to ask all the questions you may have regarding your wage dispute claim. We value our clients and value the truth. It does not matter if it is negative or positive, we care to the point where we answer phone calls and answer messages. Call us today at 818-981-1800 to speak with our experienced Encino wage dispute lawyer.