Hanford Wage and Hour Claims Defense Attorney

When it comes to issues of employment law, wage and hour claims present significant challenges for businesses. If an employee has filed a claim against your business, it’s imperative to seek help right away. A Hanford wage and hour claims defense attorney can be the key to resolving any wage and hour issue your business encounters.

Fishman, Larsen & Callister has years of experience providing unwavering defense and comprehensive legal services tailored specifically for business owners and management entangled in these intricate disputes. With a deep understanding of the complexities surrounding wage and hour laws, our seasoned attorneys offer proactive strategies to shield your business from potential liabilities.

Backed by extensive experience and a commitment to excellence, we navigate the legal intricacies to safeguard your interests. Allow us to be your loyal advocates, providing proactive guidance and staunch defense against wage and hour claims.

Retroactive pay refers to any wages an employer owes their workers and has not yet paid. This can look like a few different scenarios. For example, if an employee has earned a bonus but has already received their paycheck for the most recent time slot, their bonus becomes retroactive pay, as the employer will include this amount in the next paycheck.

Another example could look like an employer realizing they’ve not paid their employee’s full wage because they worked overtime in the past pay period, and this was not accounted for in their paycheck.

In California, an employee typically has two years to recover their retroactive pay, although if the court determines that the employer or company purposefully withheld wages, the employee may have up to three years to retrieve their wages. California has strict laws regarding the timely payment of wages to employees, including any retroactive payments owed. Failure of an employer to adhere to these requirements can lead to serious penalties and/or legal action.

In the state of California, the statute of limitations for labor-related claims can vary depending on the type of claim. Below are common labor-related claims with their generalized timelines:

• Unpaid Wages: Generally, the statute of limitations for filing a claim for unpaid wages (including wage violations, unpaid overtime, and similar wage-related issues) is three years from the date the wages were due.
• Discrimination: For claims related to discrimination in employment based on race, gender, age, disability, and more, the statute of limitations is generally one year from the date of the alleged discriminatory act.
• Harassment: Workplace harassment claims, including sexual harassment, have a one-year statute of limitations from the date of the alleged harassment.
• Retaliation: Retaliation claims, such as retaliation for filing a complaint or engaging in protected activity, typically will have a one-year statute of limitations.

All of these timelines are general, and every unique scenario is circumstantially dependent, relying on the nature of each specific claim. Certain claims can fall under federal laws (such as those enforced by the Equal Employment Opportunity Commission – EEOC), which have several statutes of limitations and procedures.

It is necessary to consider both state and federal laws when navigating claims related to labor-related issues. The attentive eye of a Hanford wage and hour claims defense attorney can provide essential advice to all related matters while remaining knowledgeable about local and country-wide laws.

As an employer, conducting a wage and hour audit can offer several benefits:

• Compliance: An audit will ensure your business is in compliance with federal, state, and local wage and hour laws. This assessment will identify and rectify any non-compliance issues leading to preventative costly fines, penalties, and lawsuits.
• Risk Mitigation: It can help mitigate the legal risk associated with wage and hour violations. By proactively addressing potential issues, employers are able to reduce the risk of lawsuits or regulatory actions.
• Cost Savings: Discerning and correcting errors in wage and hour practices can prevent overpayments or underpayments to employees. This can save costs in the long run by avoiding legal fees, fines, and settlements.
• Improved Employee Relations: As an employer, demonstrating a commitment to fair pay practices can boost employee morale and trust in the organization. It helps create a positive work environment and fosters better employee-employer relationships.
• Efficiency and Productivity: By streamlining your company’s wage and hour practices, you can enhance operational efficiency. Clear policies and accurate payroll processes can save time for both Human Resources personnel and employees.
• Preventative Measures: Taking the time to identify potential issues through an audit can allow an employer the chance to implement corrective measures before a serious issue arises. This check can prevent recurring problems and establish better procedures for future compliance.
• Stay Up to Date: This inspection can allow employers the chance to understand and stay up to date with employment laws, especially wage and hour regulations, as these often change. Regular audits assist employers with staying updated on legal requirements and adjusting and adapting policies accordingly.
• Avoid Class Actions: Anticipatory action in addressing compliance standards and issues through audits can help to avoid the accumulation of errors that may lead to class-action lawsuits.

It is vital to do a thorough and fair wage and hour audit reviewing payroll records, overtime practices, employee classifications, timekeeping systems, and adherence to minimum wage laws, among other factors. Involving the counsel of legal professionals to conduct these audits will result in thorough and accurate compliance with local law regulations and minimize the chance an employer has of one of their employees filing a wage and hour lawsuit.

The Private Attorneys General Act (PAGA) is a California-based law that allows private citizens the ability to sue employers for labor code violations on behalf of themselves and other employees, active as “private attorneys general.” This act allows individuals the ability to step in as representatives of the state’s labor law enforcement agency to address any violations against groups of employees. Below are key points regarding PAGA:

1. Enforcement: The PAGA enables employees the right to sue on behalf of themselves and others due to labor code violations, such as unpaid wages, missed meal or rest breaks, inaccurate wage statements, and other violations of the California Labor Code.
2. Penalties: Under the terms of the PAGA, penalties for violations can be significant, and employers can face penalties for each aggrieved employee and each pay violation stated in the claim.
3. Split of Penalties: Seventy-five percent of the penalties recovered go to the Labor and Workforce Development Agency (LWDA), and the remaining twenty-five percent are given to the aggrieved employees.
4. Notification Requirement: An employee is required to first notify the LWDA and the employer before filing a PAGA lawsuit outlining all alleged violations. The LWDA then will choose if they will investigate and take action on the violations.

The PAGA law aims to supplement the resources of the state labor agency by empowering private individuals to help enforce labor laws. As an employer and business owner, navigating a PAGA lawsuit requires a strategic and careful approach. There are several steps to consider if you are notified of such a claim.

Upon receiving a notice of a PAGA lawsuit, an employer should engage experienced employment law attorneys who understand PAGA and California labor laws. The guidance and representation through the process, if the LWDA chooses to proceed with an investigation, will be invaluable. The defense attorney can help gather relevant documentation, address any complaints and compliance issues, and respond to the lawsuit within the legal timeframe.

While navigating a wage and hour lawsuit as a business owner or manager can be complex, there are several steps to take to help navigate the process, including the following:

1. Seek Legal Counsel: Seek the counsel of an experienced employment attorney immediately upon receiving a notice of a lawsuit.
2. Gather Documentation: Spend time collecting all relevant documentation, including payroll records, timekeeping records, contracts, policies, and any communication related to the employee’s claims.
3. Assess Compliance: Assess and review your company practices and policies to identify any potential compliance issues and address these items promptly.
4. Litigation Strategy: Work alongside your legal representation to develop a litigation strategy if it comes to this. Make a plan regarding settlement, mediation, or preparing for the specifics that will be discussed in a trial.
5. Review Settlement Options: Review and consider settlement offers, taking time to assess the potential costs and benefits of settling versus further litigation.
6. Grow: Use the lawsuit as a growth opportunity for your company as a way to strengthen your understanding of wage and hour laws. Ensure the proper adjustments to your business practice to avoid issues in the future.

In navigating the intricate landscape of wage and hour claims, our dedicated team of defense attorneys stands dedicated to safeguarding your business’s interests. With a wealth of experience in advocating for management and business owners, we offer strategic counsel and vigorous defense against these complex challenges. Our commitment to meticulous analysis and proactive measures ensures robust protection against potential liabilities.

Trust us to fortify your legal standing and secure your business’s future. Schedule a consultation today with Fishman, Larsen & Callister, and we can begin safeguarding your business from wage and hour claims. Contact us today!