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Employment and Labor Law Attorney Los Angeles

Los Angeles Wage Dispute Lawyers

There are several California laws in place meant to protect Los Angeles employees. Our attorneys understand that there are certain circumstances where an employer may not necessarily follow all laws and regulations. This then results in a wage dispute. If you have experienced a wage dispute with your employer, give our top-rated Los Angeles employment lawyers a call today to discuss how you could get compensated properly.

Our employment attorneys have decades of experience, and work to make sure that our clients get the help that they need. We understand how stressful it could be for an employer to withhold your payments, not only for you but for your family as well. All workers have the right to be paid for their work, and must also be given proper breaks.

Minimum Wage Violations

Minimum wage violations are one of the most common types of wage disputes in Los Angeles. Los Angeles throughout the years has increased the minimum wage per hour. This minimum wage is meant to assist employees and keep up with the cost of living. Minimum wage laws are constantly changing in Los Angeles. Especially in Los Angeles County, there are various cities, such as West Hollywood that have increased minimum wage on their own.

If your employer denies paying you minimum wage and pays you lower than minimum wage, you may have a right to file a lawsuit against your employer for a wage dispute. Contact us to see how you may be eligible for compensation for this labor violation. We want to make sure that our clients feel comfortable when speaking to us about any violations that their employer has committed. 

Understanding Employee Reimbursements Under California Law

California labor laws are designed to protect workers, ensuring they are not burdened by expenses incurred while performing their job duties. Specifically, California law mandates that employers must reimburse employees for any necessary and reasonable expenses they incur as part of their work responsibilities. This is covered under California Labor Code Section 2802, which aims to prevent employers from shifting business expenses onto their employees.

What Does Employee Reimbursement Cover?

If your supervisor or manager directs you to incur costs related to work, such as travel, meals, or hotel stays, you are entitled to full reimbursement. For example, if you are required to visit another city for business purposes and must pay for a hotel stay, your employer is legally obligated to reimburse you for those expenses. The rationale is simple: if it weren’t for the job assignment, you wouldn’t have needed to pay for the hotel.

Did You Know? According to a report by ABC7, employees in California have filed multiple complaints against employers who failed to comply with reimbursement regulations, resulting in significant fines and penalties for the businesses involved.

What Should You Do If You Haven’t Been Reimbursed?

If you believe your employer has not reimbursed you for out-of-pocket expenses that you incurred while performing your duties, you have the legal right to hold your employer accountable. The first step is to review your company’s reimbursement policies to ensure they align with California’s labor laws. If discrepancies exist, you may need to bring this to your employer’s attention.

Q: How can I prove that my expenses are work-related and eligible for reimbursement?

A: It’s essential to keep all receipts, invoices, and any communication (such as emails or memos) that show your supervisor directed you to incur these costs. Detailed documentation can serve as evidence if you need to file a claim or pursue legal action.

Steps to Take if You Face Reimbursement Issues

  1. Document All Expenses: Always keep receipts and records of any work-related expenses. This documentation is crucial in establishing that the expenses were necessary for your job duties.
  2. Communicate with Your Employer: If you notice that you haven’t been reimbursed, bring it up with your manager or HR department. Sometimes, the issue can be resolved through internal communication.
  3. File a Claim: If your employer refuses to reimburse you or disputes the expenses, you have the right to file a wage claim with the California Department of Industrial Relations. They will investigate and may enforce compliance if your employer is found in violation of state law.

According to a recent NBC LA article, failure to comply with California’s reimbursement laws has led to increased legal actions and settlements, highlighting the importance of employers meeting their obligations. Employers who violate these laws may face penalties, including paying for unpaid reimbursements, fines, and even covering attorney fees.

Why Reimbursement Rights Are Important

Protecting workers from absorbing business expenses is essential for maintaining fair labor practices. Without these protections, employees could be forced to pay for costs that rightfully belong to the employer, reducing their overall earnings and financial security.

Q: What should I do if my employer refuses to reimburse my work-related expenses?

A: If your employer refuses to pay, consult with an employment attorney or file a claim with the California Labor Commissioner’s Office. An attorney can help you understand your rights and the potential compensation you may be entitled to. Additionally, as per a Fox11 report, recent court cases have set precedents that support employees’ rights to reimbursement, even when employers attempt to argue otherwise.

Understanding Bonus Pay: Your Rights as an Employee

Bonus pay is an additional compensation that some employers offer to their employees as an incentive. This could be tied to specific achievements such as meeting sales targets, increasing productivity, or reaching performance milestones. For instance, an employer might promise a certain percentage bonus if employees sell products or services up to a specified amount.

What Happens if Employers Don’t Pay Bonuses?

If you, as an employee, meet the conditions set by your employer and achieve the agreed-upon goals, you are legally entitled to receive the promised bonus. However, if an employer fails to pay this bonus after you’ve fulfilled your part of the agreement, you have the right to take legal action. This situation can lead to a wage dispute, allowing you to file a lawsuit to recover your lost wages. NBC LA highlights similar cases where employees have taken action due to wage theft and unpaid compensation, shedding light on how critical it is for workers to stand up for their rights.

Legal Recourse: Can You Sue Your Employer for Unpaid Bonuses?

Yes, you can. When an employer makes a promise regarding bonus pay and fails to honor it, they are breaching an agreement. This breach allows employees to seek legal recourse, including filing a lawsuit for wage disputes. The goal is to recover any unpaid wages and to hold the employer accountable for their commitment.

Employers are legally bound to uphold their promises when it comes to compensation. If they fail, employees have multiple legal avenues to pursue their rightful earnings. According to Fox 11, wage disputes are on the rise in Los Angeles, emphasizing the need for employees to be aware of their rights when it comes to fair pay, including bonuses.

Why is Bonus Pay Important?

Bonus pay is crucial because it serves as a motivator for employees, pushing them to exceed expectations and achieve set targets. When employers commit to bonus pay, it creates a sense of accountability and trust between both parties. However, when this promise is broken, it can lead to financial stress and diminished employee morale.

What Should You Do If Your Bonus is Unpaid?

If you find yourself in a situation where your employer refuses to pay your bonus after you’ve met all requirements, follow these steps:

  1. Document Everything: Make sure you have written records of the bonus agreement, including any emails, contracts, or communications that outline the bonus structure and conditions.
  2. Communicate with Your Employer: Approach your employer to resolve the issue amicably. Sometimes, it might be a misunderstanding or an oversight that can be quickly corrected.
  3. Seek Legal Assistance: If the employer refuses to pay despite your efforts, it may be time to consult a lawyer specializing in wage disputes. A professional can guide you through the process of filing a lawsuit to recover your unpaid wages. The legal system supports workers’ rights, and statistics show that many employees successfully recover unpaid bonuses through legal action.

How Prevalent Are Wage Disputes?

According to a report on ABC 7, wage disputes are increasingly common, particularly in industries like sales, hospitality, and retail, where bonuses are often part of compensation packages. Employees need to be aware of their rights and the steps they can take if they find themselves dealing with unpaid bonuses or other forms of wage theft.

FAQ

Q: Can I claim a bonus if it wasn’t written in my employment contract?

A: While having a written agreement strengthens your case, verbal agreements can also be enforceable. If you have proof that a bonus was promised (like emails or witness statements), you may still have a legal basis for claiming unpaid bonuses.

Q: How long do I have to file a claim for unpaid bonuses?

A: The statute of limitations varies by state, but typically, employees have a certain period (usually two to three years) to file a claim for unpaid wages. It’s important to act quickly and consult a legal professional to understand the specific timeline in your jurisdiction.

Q: Are bonuses taxable income?

A: Yes, bonuses are considered taxable income. If you are eligible for a bonus, your employer must report it as income, and it will be subject to federal and state taxes.

Overtime Pay

All employers must compensate an employee for working overtime hours. Overtime is paid a time and a half of whatever the employee was making hourly.

Breaks

There should be a  meal break within the first 5 hours of an employee’s shift. There should also be a rest break during the 3.5 and 6 hours within the employee’s work day. If an employer denies an employee meal breaks or rest breaks, then the employee has the right to file a lawsuit for wage disputes.

Unpaid Wages

There are also circumstances where an employer has not paid the employee on time. An employer is required to pay their employees bi-weekly, weekly, or monthly depending on the employment contract. When an employer feels to pay their employee, and time lapses, an employee has the right to file a lawsuit against their employer for these wages.

Employment Classification

There are also circumstances where an employee is misclassified. This means that an employee could be misclassified as a contract employee common independent contractor, salary employee, or hourly employee. An employee who is an hourly employee could be misclassified as an independent contractor. 

An employer may want to do this so they could refrain from paying out the employee any benefits, including insurance, along with overtime wages. If you believe you have been misclassified as an independent contractor, when you are actually an hourly employee, give us a call today.

The difference between an independent contractor and an hourly employee is the degree of control. An independent contractor usually has the right to set their own hours and have their own materials when working. An hourly employee is set to a certain number of hours by their employer.

Private Attorneys General Act

The Private Attorneys General Act is a way for an employee to report any labor and safety violations that their employer has taken part in to the California government officials. The government officials will then investigate the circumstances of the violation. The Private Attorneys General Act is a government claim and is not necessarily a civil lawsuit. 

This means that an employee will not be able to recover compensation, but we’ll be able to hold their employer responsible. You could also file a personal civil lawsuit filed in court against your employer. For more information, contact our employment attorneys on how to move forward.

What type of evidence will I need to prove a wage dispute?

Each wage dispute is different from one another, so we are not really able to give you a specific piece of evidence that will be used in your wage dispute lawsuit. But, generally, below are some examples of evidence we will use:

  • Pay stubs: pay stubs are a great way to prove how much compensation you have received in the past, and the number of hours you have worked.
  • Time clock sheet: time clock sheets are a great way of proving the number of hours that the employee worked. Sometimes, an employer may try to fight back and deny that the employee ever worked. Having these timesheets is a great way of proving the hours worked.
  • Company policy: the company policy and company handbook are used to show how the company should handle specific circumstances.

How do our wage dispute attorneys get paid?

Many people think that hiring an attorney is a difficult process, and may avoid looking into the process altogether. But our attorneys try to make the process as easy as possible. Our wage dispute attorneys get paid through a contingency fee agreement. A contingency fee agreement allows our attorneys to front all the costs associated with your claim so you do not have to worry about paying for your lawsuit. We will handle all fees, and will only recover compensation when we win compensation for you. 

We want to make our clients feel as comfortable as possible when explaining to us their circumstances. That is why we try to make this legal process as easy as possible. We do not take any upfront fees, and we offer case evaluations that are essentially risk-free. It is a great way to get to know our attorneys and ask any questions that you may have. Call us today to schedule your one-on-one consultation.

Wage Dispute Attorney In Los Angeles

If you believe your employer has been withholding your compensation, give us a call today to discuss. We will have a complimentary case evaluation to discuss the circumstances of your case and determine if your employer could be held responsible. 

Heidari Law Group Los Angeles Practice Areas