Madera Wage and Hour Claims Defense Attorney

If an employee files a wage or an hour claim, it can cause a whole host of legal complications. You might end up losing a lot of time and resources as a result. If you are an employer and an employee files a wage or an hour claim, then you need to get in contact with a lawyer to protect your rights. A Madera wage and hour claims defense attorney can help you navigate your situation and minimize the damages.

When you are looking at an employment claim against your business, our team of experienced attorneys here at Fishman, Larsen & Callister can help. We understand the implications of such a claim and will do everything in our power to protect you and your business during this tough situation. From class action lawsuits to individual claims, we have experience with all sorts of complex wage and hour cases.

If you employ workers at your business, no matter what size your business is, you are legally required to abide by certain rules and regulations surrounding the hours your employees work and the amount that your employees are paid. For example, in the state of California, the minimum wage law was raised to $13 an hour in 2020, if your business has more than 26 employees.

Even if you do everything in your power to adhere to the labor laws of your state, you can still encounter wage and hour claims from employees. If one of your employees files a wage or an hour claim against you, they are claiming that you violated labor laws as an employer. In particular, they are claiming that you are violating laws related to the wages that you pay them or the hours that they have to work. Some of the reasons why an employee might file a wage claim include:

• Claiming that you are not paying minimum wage
• Claiming that you are making unlawful wage deductions
• Claiming that you do not provide them with accurate wage statements
• Claiming that you are making the work overtime without pay

Additionally, these are some of the reasons why an employee might file an hour claim against you as an employer:

• Claiming that you are not providing them with mandated rest breaks
• Claiming that you are not providing them with meal breaks
• Claiming that they are having to work more hours than normal for no pay
• Claiming that you are violating rules related to scheduling and work hours

The specifics of the hour and wage claim will differ depending on the employee who is filing it and the situation at hand. Regardless of the specific details of the claim, you can expect that if you are held responsible, you can face negative financial consequences and a negative impact on your reputation.

Yes, there is a statute of limitations on both wages and hour claims in California. An employee has three years to file a wage or hour claim against their employer. If you face a wage and hour claim from an employee and you find that the alleged discrimination took place more than three years ago, then this is cause for the dismissal of the claim.

If you receive notice that an employee has filed a wage or an hour claim, it is important that you closely review it to understand what their exact concerns are. Before taking any action, you should consult with a legal professional who is experienced in wage and hour cases in your area. Your wage theft defense attorney can review the details of the claim. They’ll determine what consequences you might be facing if this claim is legitimate and what your most effective course of legal action will be.

After your defense attorney conducts a thorough legal analysis of the situation and crafts a strategic defense strategy tailored to your needs, they can get involved in an internal investigation. No matter what the negotiations ahead of you look like, you will need to find and compile evidence that helps your case. Going about this process by yourself can be difficult and time-consuming, especially if you run a small or mid-sized business. Allowing your attorney to assist with this process can save you a great deal of time and resources.

Following suit with the defense strategy, your defense attorney will then work toward a settlement through negotiation or legal proceedings. You want to hire a defense attorney with a proven track record of success working with wage and hour claim cases, as they will be the most knowledgeable about how to negotiate in these specific contexts. With the right attorney by your side fighting for you and your business, you can be sure that you are doing everything in your power to walk away with minimal penalties.

The damages that you might be facing after a wage or an hour claim will depend on a lot of details. For instance, you will find that the damages depend on the severity of the violation and the amount of money involved. If you have an employee who has filed a claim about unpaid wages, you can typically expect to pay back the wages plus interest.

Other situations are more complex. If an employee claims that they were denied rest breaks and had to work unpaid overtime, you can likely expect to face penalties for each violation. Your attorney can review the facts involved in your case and help you gain a more detailed understanding of the damages that you might be facing.

It is important to understand the legal dos and don’ts after you receive a wage or hour claim. For instance, it is against the law to terminate an employee for filing such a claim. If you do terminate them, you could face further criminal penalties for wrongful termination. Hiring a lawyer from Madera to review the claim you are facing and to guide you through the legal processes following them can help you make sure you make strategic steps that are in your interest and the interest of your business.

Your attorney can also review the history of the case and look into evidence that supports the claim at hand, as well as evidence that supports your position. If it was a mistake or a misunderstanding that led to this claim, your attorney can point to evidence and argue on your behalf in an effort to ensure you walk away from the situation with menial consequences.

Not all cases related to wage and hour claims end up going to court. However, if litigation is necessary, your attorney will have built up a detailed understanding of your business and your case to fight for you in the courtroom.

If you are an employer who is facing a wage or an hour claim from an employee in Madera, CA, you are going to need to collect as much evidence as possible to support your stance. Also, when you are consulting with your defense attorney about your legal strategy, you might be able to determine certain facts to disprove the situation, such as that the particular employee who filed the claim was not entitled to overtime pay.

Wage and hour claims often have to do with unpaid overtime. However, some employees might not be aware that they are exempt from overtime requirements as a result of their salary.

An employee who is filing a claim against you might also be lacking accurate time records. They might claim that they are not getting the breaks they are entitled to, but they might not be keeping track of time properly. If you have detailed records that prove they have been treated fairly and in accordance with labor laws, then you will likely not have to worry about the claim they filed.

Depending on the evidence you have, the evidence the employee has, and the context of the situation, your defense attorney can also draw up a strategic defense that results in your case ending in your favor. Your lawyer can critically assess the case and determine if mediation, negotiation, litigation, or another strategy is the way to most effectively wrap up your case and get your business back on track.

If you are looking at wage or hour claims, you need a trustworthy legal professional on your side to defend you. Our team here at Fishman, Larsen & Callister is proud to stand up for California employers. When you choose us to negotiate on your behalf and fight for you and your business, you can rest assured that your future is in capable hands. Contact our team today to find out more about how we can help you in your case.