How to File a Wage and Hour Claim in Los Angeles

It’s not at all uncommon for employees with wage issues to be unaware of their rights in the workplace, let alone how to file a wage and hour claim in Los Angeles. Los Angeles employees with wage and hour claims have many different legal remedies available to them to address their disputes regarding hours and payment.

A few of the most common wage and hour issues include:

• Failure to pay overtime by misclassifying an employee as “salaried” or “exempt”
• Not paying overtime to employees whose salary is under $66,560
• Failure to pay overtime or double-time
• Wage theft/off the clock work
• Failure to provide required rest and meal breaks
• Miscalculations of overtime, double-time, and minimum wage
• Not paying out vacation upon termination

Filing a wage and hour claim is a very effective way to secure proper compensation for the work you’ve performed, all while helping maintain crucial labor standards in the workplace. Los Angeles labor laws are specifically designed to protect employees like you and promote fair treatment in all workplaces.

Whether you’re an hourly worker or a salaried employee, understanding how to file a wage and hour claim is essential for resolving disputes and securing the pay you rightfully deserve. By becoming familiar with the steps to file a wage and hour claim in Los Angeles, you can be empowered to take action with confidence and clarity.

Identifying Common Wage and Hour Violations

Employees in Los Angeles often experience wage and hour violations, which can significantly affect their earnings and rights. Problems like incorrect salary deductions, being denied meal and rest breaks, and unpaid overtime (when employees aren’t paid for hours worked beyond the standard 8-hour workday or 40-hour workweek) are common.

Not paying the minimum wage is another common infraction, especially for hourly workers. Recognizing these infractions early on is crucial for employees, as they might result in substantial financial losses over time.

Documenting Evidence for a Wage and Hour Claim in Los Angeles

The most important piece of advice when preparing a wage and hour claim is to document everything thoroughly. An employee should carefully:

• Track their hours worked.
• Retain pay stubs.
• Keep a personal timesheet.
• Save any communications from supervisors or management regarding their work schedule or pay.

Proper documentation strengthens your case and collects the necessary evidence to support your claim.

Additionally, it is crucial to record any disparities in compensation. It is important to keep track of when meals or breaks were skipped, as these breaches can result in substantial lost earnings. Not only does comprehensive documentation bolster your claim, but it also enables you to possess the evidence necessary to improve your case.

Filing Your Wage and Hour Claim in California

For significant damages claims, employees should hire an experienced employment lawyer.

For small claims against small employers the California Labor Commissioner’s Office might be the right route to go—but ask an employment lawyer first.  For such claims, workers need to identify their employer, describe the infractions they have encountered, and attach any relevant paperwork, such as pay stubs or correspondence, to substantiate their claims.

The Labor Commissioner will then assess the claim. Sometimes, they may request additional information or schedule a hearing to resolve the issue. Prior to a formal hearing, the employer may choose to resolve the matter amicably. The employer and the employee will each have a chance to present evidence and argue their case if the dispute goes to a hearing.

Then, the employee may be entitled to monetary compensation for violations such as unpaid wages or missed breaks, depending on the decision. In this way, workers are safeguarded by labor laws in California, which enables them to have a just outcome.

Employees can file their claims online or by visiting the local Labor Commissioner’s office. Being well-prepared helps the claim process run smoother and makes sure the employee’s rights are completely represented.

FAQs

How Long Do I Have to File a Wage Claim in California?

In California, employees have up to four years to file a wage lawsuit (3 years for Labor Commissioner claim) for violations related to unpaid wages, including overtime and minimum wage violations. This time limit also applies to claims for missed meal and rest breaks. In cases involving oral agreements, the statute of limitations is two years, while written contracts extend the limit to four years. Filing promptly allows your claim to be addressed within the legal timeframe.

Can I Sue My Employer for Not Paying Me on Time in California?

Yes, in California, employees can sue their employer for failing to pay their salaries on time. State labor regulations compel employers to pay employees on time, and failing to do so may result in penalties. Employees can sue to recover unpaid wages, waiting time penalties, and other damages. These penalties rise the longer payment is delayed, but you should still act quickly if your earnings are late.

Who Is Personally Liable for Wage and Hour Violations in California?

In California, business owners, directors, officers, and managing agents can be held personally accountable for wage and hour breaches. If a corporation fails to pay wages, it could be held directly accountable for compensating employees. California’s rigorous labor regulations are intended to keep companies and decision-makers accountable for ensuring correct wage payments and labor law compliance.

Contact a Los Angeles Employment Attorney

If you have been the victim of a wage and hour violation, you should take action immediately to make sure you receive the wages you are owed. Whether your employer has failed to pay you overtime wages, decided not to pay you at all, neglected to provide you with meal or rest breaks, or otherwise violated your rights, we can help.

At the Shirazi Law Firm, PC, our experienced employment law firm is dedicated to representing employees in Los Angeles and fighting for fair treatment in the workplace. We handle a variety of wage and hour claims, making sure employees are properly compensated for their work.

If you have any issues or need legal advice, consider scheduling a consultation with our experienced staff. Contact the Shirazi Law Firm, PC, today to discuss your case and learn about your legal options.