California workers not only have a right to work, but they have a right to be treated fairly, compensated appropriately, and work in companies that prohibit discriminatory and harassing behaviors. Unfortunately, not all companies follow the legal regulations set by both the federal government and the state of California. If you are the victim of a labor violation committed by your employer, you will need to file a claim with the California Labor Board.
At Ferraro Vega San Diego Employment Lawyers, our team can help with filing a claim. Wage claims can be complicated and, depending on the size of the company, often are an uphill battle with employers that have a generous amount of resources to fight back. However, our employment attorneys’ knowledge and experience can help you not only fight back but help you recover damages you may be owed as a result of these violations.
The Purpose of the California Labor Board
When filing a wage or hour violation complaint against your employer with the labor board in California, you are seeking compensation for the violations you experienced, but you are asking for a review of the policies and procedures by which a company operates. In a formal complaint, the board will review the information provided to determine if a violation has occurred and what the financial impact of that violation may equate to.
Upon review of the case, the board will notify your employer, and you will then enter into negotiations to try to reach a settlement. If that process is unable to reach a resolution, your case will move into a wage claim hearing, which is a lot like a trial. Both sides will introduce evidence, bring forth witnesses, and provide direct testimony when appropriate. Once the case is fully presented, an Order, Decision or Award will be issued.
In this order, the board has the power to not only present a settlement amount to the employee, but may also award compensation for back pay, attorney fees, interest, and more. In addition, they may issue reprimands to companies and could charge the company civil penalties.
There are also protections against incidents of retaliation that could stem from an employee reporting them. If retaliation occurs in the form of harassment, bullying, demotion, or failure to pay wages, a complaint can then be made to the California Labor Commissioner.
The first step in any California Labor Board complaint should be to seek the help of a qualified attorney.
California Labor Board Attorney
Earning a living for yourself and your family is important. When you seek employment, you do not only want to be a provider, but to also work in an industry you enjoy. Unfortunately, employers that create hostile work environments, violate wage and hour laws, or allow any number of destructive behaviors to occur in the workplace put the health and safety of their employees at risk.
If you feel you work for an employer who has violated your rights as an employee and want to know if you should file a claim with the labor board, contact the attorneys at Ferraro Vega San Diego Employment Lawyers. Our team knows how difficult these circumstances can be for our clients. That’s why we use our knowledge and experience to give them the legal representation they deserve. Contact us today. Exempt employees are not protected by the same laws as non-exempt employees. They are not subject to being paid overtime and are not required to be allotted breaks during their work time. Employees that are considered non-exempt are protected by California employment laws and qualify for overtime pay as well as designated breaks.