Visalia Wage and Hour Claims Defense Lawyer
When an employee makes a wage claim against an employer, it’s a situation that needs to be taken very seriously. It can be not only frustrating for the business, but it can also affect how the business operates. These claims can enter litigation that can last a long time, tying up assets and resources for the business. A Visalia wage and hour claims defense attorney can help you.
Even if your business is being accused of wage theft, you don’t have to feel like your situation is hopeless. If you own a small or medium business, it is your right and responsibility to stand up for your business and protect your assets. There are options for your business to protect itself against wage claims. For a defense that is successful, skilled California wage claim lawyers can advocate for you.
How Long Does Wage Litigation Last?
Like other kinds of litigation, the length is dependent upon how complex each case is, how many people are making a claim, and how severe the claims being made are, as well as other factors.
Often, these kinds of claims see many appeals, and this can make the process last much longer, too. Wage and hour claims can typically be expected to last a year as long as they’re not too complex or drawn out. When you hire a skilled wage attorney like the ones at Fishman, Larsen & Callister, you know you’re getting an experienced team who knows how to handle a complex wage and hour claim in Visalia, CA.
What Wage Violations Can Employers Be Sued for in California?
Unfortunately, wage and hour law is a complex situation in California. There are certain things that are seen more commonly. These include:
Employer didn’t compensate an employee for overtime work. This can be work that may have been completed when the employee wasn’t clocked in or time cards allegedly being tampered with. Keeping good records can prove this false.
Employee is labeled as an independent contractor or exempt in order to deny them overtime pay. Being sure to have employees properly classified keeps this from happening.
Employee is denied breaks or lunch. It’s a violation to not give employees time for lunch or designated breaks.
Employee didn’t receive the hazard pay that they were eligible for. If it’s a part of the employment agreement, then the worker must be paid the hazard pay or workers’ compensation they’re eligible for. If you need direction, you can contact our office, and we can offer you counsel.
There are ways that businesses can be proactive and protect themselves from any kind of wage claims. Keeping good employee work records and keeping accurate time card information is just a start.
What Is the Statute of Limitations for Labor in California?
California has its own rules and regulations regarding how long an employee has to file a wage and hour claim. They must file within three years of the incident; otherwise, their claim will be denied. If they file before this time, you may find yourself in a complex situation that can last longer than you think.
With a California wage defense attorney, you’ll be able to protect your business and feel more confident that your assets are safe in wage claim cases as well as employment law.
Is It Possible for Employees to Sue for Underpaid or Unpaid Wages?
This is one of the most common types of claims that an employee makes regarding wages. Employees are able to sue an employer for being underpaid or unpaid for their work in California. Even if an employer hasn’t done this and the claim is false, an employee can still make an attempt to make a claim.
This can result in a very expensive issue for an employer because employees will frequently appeal and drag this kind of case on as long as possible in an attempt to get you to fold. In addition to the monetary costs of a wage claim, your business’s reputation can also take a hit, which can be even more damaging. Many innocent business owners end up much worse off from these claims.
If you have a claim filed against you, reaching out to our team may help protect your assets and your business. We have the experience necessary to defend you throughout the process.
What Damages Will I Pay If I Lose My Case?
Damages can be pretty significant for employers if an employee manages to win their case. However, each case is unique, and specific fees will depend upon the claims being made and what laws have been broken.
In instances where an employer was paying under minimum wage, or they haven’t been properly paying out overtime, the employer would have to back pay any lost wages, possibly interest, and court fees. If it’s proven that this underpayment was done deliberately, they may be paid damages that are equal to the amount of the unpaid wages as well as interest. This can be a hefty sum.
For instances where employees weren’t given their required breaks, they will be compensated by receiving an hour of pay for any breaks that they missed out on. This may also result in a costly sum.
Your Visalia Employment, Wage and Hour Defense Attorney
When employers have to fight their employees over lost wages, it is stressful for both parties. There is a great deal at stake, and money isn’t the only component. A business’s reputation can be so damaged by this kind of litigation that it may have to close its doors if it cannot recover. That’s where a practiced employment lawyer can help.
The defense attorneys at Fishman, Larsen & Callister understand the value of a strong defense in the wake of wage claims. We know how important it is to protect your interests as well as your reputation. If you have wage claims against you, you need to be proactive and hire an adept attorney. We work hard to provide the services to preserve your rights. Schedule your consultation today, and keep your business safe.