Wage and hour claims are some of the most common infractions in employment law, and victims have a right to seek compensation. At the Moreno Valley Labor Commissioner office, you can file a claim against your employer for unpaid wages. If you need help navigating wage and hour claims in 2024, you should speak with an attorney who can guide you through the process.
At Ferraro Vega San Diego Employment Lawyers, our focus on employment law enables our extensive knowledge of wage and hour claims. We have helped many employees seek compensation for unpaid wages or other labor violations, and we can extend that same service to you.
What Are the Most Common Wage and Hour Violations in California?
Wage and hour violations in Moreno Valley are not always easy to identify, and you could be the victim of one without being aware. Some of the most common violations include:
- Minimum wage violations: Your employer must pay you the highest minimum wage of where you work. Some employers will try to misclassify employees or find other methods to avoid paying the minimum wage. California’s minimum wage is $15.50 per hour, so anyone working in the state is entitled to at least $15.50.
- Failure to receive overtime: With a few exceptions, most employees in California are eligible for overtime payments. You can receive overtime for working more than 40 hours in a week, more than eight hours in a day, or seven or more days in a row. An employer who fails to pay a worker overtime when they deserve it is breaking the law and is open to a wage and hour claim.
- Unpaid work: Your boss cannot ask you to help when you’re off the clock. Even if you only work for a few minutes before or after your shift, your employer cannot expect you to work when you aren’t being compensated for your labor.
- Lack of breaks: In California, the law entitles employees to meal and rest breaks throughout the day. You should receive a 30-minute unpaid meal break for every five hours you work and a ten-minute rest break for every four hours you work. Your employer cannot ask you to skip these breaks, nor can they pressure you to work while taking one.
- Unpaid wages: If your paycheck is late or your employer does not send you a final paycheck after you leave or are laid off, you can file a claim to receive your wages. Your company must pay you on time and in an appropriate manner. You can also file a claim if your paycheck is incorrect and your employer refuses to alter the payment.
What Does the Claim Filing Process Entail in Moreno Valley?
If you’d like to file a wage and hour claim, you can email the Moreno Valley Labor Commissioner. You’ll send in a form indicating you want to file a claim. Alternatively, you can deliver your form to the local Labor Commissioner’s office and call them with any questions you may have.
Should I Hire an Attorney When Pursuing a Wage and Hour Claim?
Hiring an attorney gives you a better chance of successfully filing a claim against your employer. While you can try to handle everything on your own, you put yourself at unnecessary risk when you don’t have legal representation.
Your lawyer can assist you with filing your claim, ensuring you fill everything out correctly, and preparing the appropriate documentation and paperwork. Your Moreno Valley employment attorney will also be able to give you their honest expectations for your case and what you should expect when the situation concludes.
If your employer or the Labor Commissioner tries to deny your claim, your attorney will be able to handle the negotiation process. They can also instruct you on avenues to take if your claim fails and you’re left without compensation.
FAQs
Q: What Is a Wage Settlement?
A: A wage settlement includes your winnings after a successful wage and hour claim. In general, your employer will have to pay back any unpaid wages and may have to pay penalties for late payments. Additionally, your employer will have to pay you one hour of pay for each day you missed your meal break and one hour for each day without a rest break.
Q: Do Wage and Hour Claims Have a Statute of Limitations?
A: Depending on your case, you will have to consider various statutes of limitations. If your employer broke an oral contract, you have two years to file a claim. You’ll have four years to file a claim against an employer for breaking a written contract. The statute of limitations is three years, however, for most violations, such as minimum wage violations or missed breaks.
Q: How Many Hours Do You Have to Work in California Before Receiving Overtime?
A: You have to work over 40 hours in a week to qualify for overtime payments. Alternatively, you may work more than eight hours in a day or for seven or more consecutive days. Fulfilling any of these conditions allows you to receive overtime payments. There are some industries with exemptions from overtime compensation, and you should speak with a lawyer to ensure you qualify.
Q: How Long Do I Have to Wait for My Wage Claim?
A: Wage claims can take a significant amount of time, with the average falling between three months and over a year. These cases vary in their time frames depending on how complex the case is, how cooperative your employer is, and if you have legal representation. Regardless, you should prepare to wait for a period before seeing a settlement.
Ferraro Vega San Diego Employment Lawyers: Experienced Wage and Hour Claim Attorneys
Whether you need help with an existing claim or an honest assessment of your chances of success, you should speak with an experienced wage and hour attorney.
At Ferraro Vega San Diego Employment Lawyers, we help our clients obtain compensation after their employers violate their rights. Contact us today to schedule a consultation.