Wage & Hour Dispute Attorney in Irvine

Unfortunately, it’s not uncommon for employers to deny their employees the wages they are lawfully entitled to. When this happens, it can be more than just financially damaging—it can also lead to emotional distress for the employee. If you find yourself in this situation, you should know that California law provides a pathway for employees to recover their rightful wages. Whether your wages have been unfairly withheld or reduced, the law is on your side.

Can I File a Claim if My Employer Denies Me Wages?

Yes, absolutely. California labor laws allow employees to file a claim against their employer if they have been denied the wages they are rightfully owed. According to the California Department of Industrial Relations, workers have the right to file a claim if their employer pays them less than the minimum wage, denies overtime, or fails to provide mandated breaks .

Q: What types of wage disputes can I file a claim for?
A: Common wage disputes include unpaid overtime, failure to pay the minimum wage, or illegal deductions from your paycheck.

How to Recover Your Wages in California

If you’ve been denied fair compensation, there are a few avenues available to you:

1. Filing a Wage Claim with the California Labor Commissioner’s Office
   This is one of the most common methods for recovering unpaid wages. The California Labor Commissioner’s Office can investigate your claim and work to recover any wages you are entitled to. You will need to submit a wage claim form, and the office will take steps to address your dispute.
2. Filing a Lawsuit
   If you prefer, you can also file a lawsuit to settle your wage dispute in court. This process can be more time-consuming, but it may be appropriate for more complex or high-stakes cases. An employment lawyer can guide you through the process, ensuring that your rights are protected.

Q&A: What Should I Do if I’m Not Getting Paid the Right Wages?

Q: Can I handle this process on my own, or do I need a lawyer?
A: While it’s possible to file a wage claim on your own, hiring an experienced employment attorney can significantly improve your chances of success, especially if your case involves substantial amounts of unpaid wages or complex legal issues. They can help you navigate the intricacies of California labor law and represent your best interests.

Q: How long do I have to file a wage claim?
A: The statute of limitations for wage claims in California varies depending on the type of claim. For unpaid wages, you typically have up to three years to file a claim from the date the wages were due. It’s essential to act quickly to ensure your rights are protected.

Can I file a lawsuit for wage disputes with my employer?

Our Irvine employment attorneys will assist you in the event that you would like to file a claim for unpaid wages against your employer. 

What rights do I have as an employee in Irvine, California?

• All employees that are working in Irvine, California have a right to get paid minimum wage or more. Starting in 2023, the statewide minimum wage became $15.50 per hour. This means that if you are an employee, and you are getting paid less than this hourly wage, you have a right to file a lawsuit or a claim against your employer for a wage and our dispute.
• Employees who work overtime are to receive one and a half times their pay. Overtime is considered more than 8 hours a day, more than 40 hours a week, or when employees work more than 6 days in a week. If you have been denied overtime pay, contact our Irvine employment lawyers.
• Employees are required to have meal and rest breaks. Employers cannot deny an employee a break. Employees must get 30 minutes break for every 5 hours that they work during the day.
• Employees cannot work off the clock without being compensated by their employers. This means that once an employee is off their shift, they cannot be working without adequate pay.

Who Can File a Lawsuit or Claim for Wage and Hour Disputes?

Wage and hour disputes are legal issues that arise when employers fail to comply with labor laws related to pay and work hours. These disputes commonly involve unpaid wages, overtime violations, and failure to provide meal or rest breaks. However, not all workers are eligible to file a claim for such disputes.

So, who exactly is entitled to file a wage and hour lawsuit?

Eligible Employees for Wage and Hour Claims

In general, employees who receive an hourly wage, a salary, or work under specific labor laws are eligible to file wage and hour claims. This includes:

Part-Time Workers: Just like full-time employees, part-time workers are also protected under wage and hour laws.

Hourly Employees: Workers paid by the hour have strong legal protections under labor laws. If their employer denies proper wages, overtime, or breaks, they are likely entitled to file a claim.

Salaried Employees: Even salaried employees may file claims if their employer fails to meet minimum wage requirements, overtime laws, or violate other labor protections.

What is an Independent Contractor? A Complete Guide

An independent contractor is a person or business entity hired to provide services to another company or individual without being classified as an employee. Unlike traditional employees, independent contractors operate with a higher degree of autonomy and control over how they perform their tasks.

Independent contractors usually have more freedom over their work methods, schedules, and resources. They are responsible for managing their own tools, equipment, and sometimes even workspace. This independence comes with trade-offs, such as fewer protections and benefits than regular employees receive.

Key Differences Between Independent Contractors and Employees

One of the most critical distinctions between an independent contractor and an employee is control. Employees typically work under strict guidelines, follow schedules set by their employers, and use tools provided by the company. In contrast, independent contractors have the flexibility to decide how and when they complete their work. They operate under contracts, outlining the terms and expectations of the project but retain control over the process itself.

Additionally, independent contractors often handle their own taxes, insurance, and other business expenses. Unlike employees, they aren’t entitled to benefits like health insurance, paid time off, or workers’ compensation.

Contact our top-rated attorney as soon as possible if you have been denied wages by your Irvine employer. Your employer may have violated several California labor laws. If there are multiple employees that have been denied pay, all employees could file a lawsuit together. If someone you know has experience, make sure you have their contact information and you get in touch with them. 

When can I file my wage and hour dispute lawsuit in Irvine, California? 

You have 3 years from the date that your employer denied your wages to file a lawsuit. Although we think that three years is a very long time, it usually isn’t since it may take some time to gather all relevant documents. For example, it could take several months to get all your wage documents to file a claim for a wage and hour dispute. 

Could I receive compensation for a wage and hour dispute in California?

You are able to collect back wages for the compensation that you were denied. Besides back pay, you are also able to collect interest on the amount. Usually, it may take several months to several years to file a wage and hour dispute claim or lawsuit. Your attorney fees could also be reimbursed by your employer.

What if I get fired for filing a wage and hour dispute claim? If your employer retaliates against you by firing you, lessening your work hours, or harassing you, you have the right to file a workplace retaliation claim against your employer. Not only could you receive compensation for your wage and hour dispute, but you could also receive compensation for the emotional distress from your employer’s hostile work environment.

Can I File a Claim for Wage Disputes with My Employer?

Yes, if you’re facing a wage dispute with your employer, filing a claim with the Labor Commissioner’s Office in California is one of your options. This process can be an effective alternative to filing a lawsuit, and it’s designed to help employees recover unpaid wages without going through lengthy and costly court proceedings.

How Does the Wage Claim Process Work?

When you file a wage claim with the California Labor Commissioner’s Office, the agency will investigate your case to determine how much in wages you are owed. They will review the details provided by both you and your employer to make a fair determination.

It’s important to note that most wage disputes do not go to court. In many cases, both parties prefer to settle the issue out of court. Once a claim is filed, negotiations typically begin, and often, the employer and employee can reach a settlement agreement on the compensation amount.

What Happens If a Settlement Isn’t Reached?

However, if both parties cannot reach a settlement, the case may proceed to a formal hearing with the Labor Commissioner. During this hearing, both the employer and the employee will present their evidence, and the Commissioner will decide how much, if any, compensation is owed to the employee.

Can I file a claim if I am an independent contractor?

Independent contractors are a bit different when it comes to filing a claim with the labor commissioner’s office. The office does not accept claims from independent contractors. The reason for this is that independent contractors are considered their own business entities, and employers usually do not have full control over independent contractors. 

But, if you believe that your employer has misclassified you as an independent contractor so you lose out on the right to file a claim, you can still file a claim with the labor commissioner’s office alleging this complaint. Give our attorneys a call to discuss your circumstances if you are considered an independent contractor.

When can I file a claim for wage dispute with the California labor commissioner’s office?

You must file your claim within a certain amount of time. But, this time differs depending on the circumstance that the employee is dealing with. For example:

• You must file your claim within one year if your employer’s check has bounced and you were unable to deposit the wage into your account.
• You must file your claim within 3 years if your employer has violated any wage that you are owed, which includes overtime wages and rest breaks.
• You must file your claim within 4 years if you and your employer had a contract, and your employer failed to pay you the amount that is stated on the contract.
• You must file your claim within two years if your employer has promised you verbally that they are to pay you more than minimum wage.

Because this could get very tricky, especially when trying to figure out when you should file your claim, contact our attorneys for more information. Our Irvine labor and employment attorneys work tirelessly for our clients to make sure that our clients get the wages they are owed. Time is of the essence, so get started today.