Wage and Hour
Attorneys

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.