Kingsburg Wage and Hour Claims Defense Attorney

Wage and hour claims are one of the most commonly filed lawsuits that employers must handle. California Labor Code provides protection for workers that have had wages withheld. In these cases, a wage theft lawyer is necessary. For employers looking to protect themselves from wage and hour claims, consider hiring a Kingsburg wage and hour claims defense attorney to help you in your case.

A wage and hour claim involves an employee accusing their employer of failing to pay wages due to them or paying an incorrect amount. This lawsuit may also be filed after the employee is terminated or if they hand in their resignation. In some cases, this lawsuit is filed while still under your employment. If you have not prepared for this type of lawsuit, you may end up paying more than originally owed to your employee, and you may face criminal liability.

The California Labor Code and Wage Orders offer particular rights to employees so that workers may base their wage and hour claims on these codes. The Fair Labor Standards Act similarly offers rights to employees by protecting a minimum wage amount and overtime pay for those who are nonexempt. These codes are also created to prevent discrimination as they also apply to anyone in the working class, regardless of immigration status.

While you, as the employer, may wish to react to lawsuits, keep in mind that it is illegal to seek retaliation (such as terminating the employee) while they work for your business. Instead, seek legal counsel with a wage claim defense attorney. When facing employment law issues, it is wise to seek legal counsel from a lawyer who focuses on that area of practice.

Employees must also have supporting documents to serve as proof, such as time sheets, pay stubs, or any notes regarding their hours. It is even suggested that they provide proof of property that is owned by you, their employer. This includes any buildings you own, equipment, and inventory.

Once all supporting documents are gathered, the employee must then file the claim. Claims can be filed either by email, mail, or completed online. Updates regarding the claim can be given through email from the district office where it was filed.

If a wage and hour claim has been filed with the Labor Commissioner’s Office, the claim will undergo further investigation. Wage and hour litigation can be long and drawn out, becoming expensive in the process. In certain circumstances, you may be unable to continue managing your business throughout this time, costing you even more money.

A settlement conference will occur after investigation of the claim. Agreeing to a settlement means that the individual who filed the claim agrees to end that claim. They accept the amount that the employer agrees to pay them, even if it is less than the wages owed. An offer of settlement can be made at any time during the lawsuit.

If no settlement is agreed upon within that conference, then a hearing will take place. The losing party may file an appeal with the Superior Court up to ten days after a decision has been made.

It is the employee’s responsibility to file a claim for unpaid wages before the end of three years after the violation occurs. Any claims based on a spoken promise to pay more than minimum wage that hasn’t come to fruition must be filed in two years. Claims based on a written contract that was not fulfilled must be filed within four years.

Once an unpaid wage claim has been filed in Kingsburg, CA, you as the employer have the right to give a defense before the Labor Commissioner. It is suggested before you make a defense, however, that you speak with a wage claim defense lawyer.

There are several ways that an employer can use to defend their position in this type of case. For example, an employee is trying to show that you have willingly failed to pay them for their work, otherwise known as a willful failure to pay wages claim. If you are able to prove that you did not violate this law intentionally, then you have what is known as a good faith defense.

You may also be able to dismiss the employee’s claim if they have pursued the case after the statute of limitations expired. You also need to carefully examine all circumstances of the employee’s claims, as they may meet certain exemptions.

It is important to remember that a Labor Commissioner is only authorized to hear particular claims, including recovery of wages, demand for compensation, and monetary penalties. Any other suits filed must be brought to court and any counterclaims must be filed in court as well.

If you fail to pay your employees their due wages, you will be charged $100 for each individual. Other violations, whether intentional or willful, result in another $200 charged per employee with an additional 25% of the wages held illegally.

Within the Labor Code, it is stated that regular payments must be paid to employees twice each month. These days are set apart to be recurring paydays. For work completed between the 1st and the 15th of the month, the employees should be paid on the 16th and the 26th of that month. Any work that is finished after the 16th needs to be paid between the 1st and 10th of the next month.

If the employer pays monthly, but is supposed to be paying twice per month, they may be charged a penalty if payment of wages does not meet the Labor Code requirements.

Following the Labor Code is the most important way to protect yourself from being sued. Failure to do so can result in having to pay employees more than originally owed, as well as facing legal consequences and even criminal charges. Also, when classifying employees, make sure to classify them correctly. In regards to independent contractors, an employer does not have much control.

An employee has many legal rights, such as break times, overtime pay, and minimum wage. It is also important to know which employees are exempt and which are not as it pertains to overtime pay. You must also know the timeline when they are to receive their overtime pay. Understand final paycheck rules, as there are strict rules about when each employee must receive their paycheck. This also applies to those employees who suddenly quit or are terminated.

As it is illegal for employees to work off the clock, insist that they must be clocked in while working. Remember that employees must be compensated for every hour worked.

If you are facing a wage and hour lawsuit, you need to start planning your defense by gathering all necessary documentation. Things to include are employment records, timesheets, payroll documents, and other evidence that builds your defense and relieves you of liability.

While wage and hour lawsuits are commonly filed, there are several other types of lawsuits that employees can file against you. It is important to be aware of them, as you may need to take legal action to walk you through the complexities of the case, as well as protect your business’s reputation and financial status.

A class action lawsuit includes class representatives that file a lawsuit for a group of people that have all experienced some type of violation from their employer. Similar to wage and hour claims, these class action lawsuits are victims of wage theft, discrimination, or harassment while in the workplace.

Class action settlements typically result in a larger amount of money that can be distributed amongst the class. The outcome of this settlement is more profitable to the employees than a single employment lawsuit, which is usually costly without many benefits.

You are probably very familiar with workers’ compensation, as it is a required insurance for most employers. This type of insurance offers financial assistance and medical benefits for employees who have been injured on the job.

Rather than suing you, their employer, workers’ compensation is the primary way for employees to find financial restitution for an injury that occurred at the workplace. In fact, it is an exclusive remedy, meaning that your employees cannot sue you for their injury. This insurance protects you from lawsuits and frees you from liability.

Unfortunately for employers, wage and hour claims are commonly filed. While the California Labor Code is designed to protect workers, the employer too has the right to protect themselves. Don’t handle your wage and hour claim defense alone. Protect your business and personal property. Contact Fishman, Larsen & Callister, Attorneys at Law to receive strategic legal guidance and skilled representation for your case.