If you are dealing with any type of wage and hour dispute in Riverside, CA, you can file a wage and hour claim with the Riverside Labor Commissioner’s Office. Understandably, this process is stressful for anyone, but having a Riverside employment lawyer help you through it can ensure you are fairly compensated.
While the process of filing a claim may seem straightforward, understanding your legal rights, collecting effective evidence for your claim, and protecting yourself against employer retaliation can be made easier with a legal professional on your side. Our dependable employment lawyers at Ferraro Vega can advocate on your behalf during this troubling time.
What Is a Wage and Hour Claim?
Before you file a claim with the Riverside Labor Commissioner’s Office, you want to make sure your claim falls within their jurisdiction. The office typically deals with claims that are in the following categories:
- Not getting overtime pay. If you are working overtime but are not getting paid for your extra hours, you can file a claim to recover that compensation.
- Minimum wage violations. If you are receiving less than the legal minimum wage for your work, you can file a claim to make sure you get paid what you should be.
- Lack of breaks. Employees who work a certain amount of time are required to have breaks to rest and eat. If you are not getting these breaks or you are working during these breaks but not getting paid, you can file a claim.
- Working off the clock. If you have to do work outside of your standard working hours and you are not getting compensated for that time, you can take action.
- Unpaid wages. If your employer has not paid you for your work, your paycheck is late, or you were laid off without receiving your final paycheck, you can take action to recover those wages by filing a claim.
How Do I File a Wage and Hour Claim?
If you live in Riverside, you can fill out your claim and send it to the Labor Commissioner’s Office via email. If you prefer a non-electronic route, you can go in person to deliver your wage claim or mail it to 464 West Fourth Street, Room 348, San Bernardino, CA 92401. You can also contact the office with your questions at +1 (909) 383-4334.
To complete your claim, you will have to:
- Provide factual information about your employer.
- Keep financial records, including pay stubs.
- Have proof of all of the hours you have worked.
Time is of the essence when you file a wage claim, and you should make note of important requirements. Typically, you have three years to file a claim about overtime, minimum wage, unpaid breaks, and illegal deductions from your pay. You have two years to make a claim about oral promises to pay more than minimum wage and one year for penalties about a bounced check.
Do I Need an Employment Lawyer When Filing a Wage Claim?
While you do not officially need to hire an employment lawyer when you file a wage claim with the Labor Commissioner’s Office, it can be helpful to have a legal professional on your side. Your attorney can help you with several parts of the legal process, including:
- Ensuring your case is based on solid legal grounds
- Filling out all of the necessary documentation for your claim
- Collecting documents that help prove your point
- Assessing your claim to make sure it is strong
- Negotiating with your employer or the Labor Commissioner’s Office
- Protecting you from retaliation from your employer
- Helping provide legal guidance if your claim is denied
The Riverside employment law system is complicated, and you might be confused about how to effectively file a claim. Getting in touch with an experienced employment lawyer can help you determine if your claim is solid before you submit it so that you have a good chance of getting what you deserve.
Also, if your claim with the Labor Commissioner’s Office is denied, your lawyer can help you file an appeal or determine other legal courses of action you could take to hold your employer accountable.
FAQs
Q: Is There a New Minimum Wage for 2024 in California?
A: As of January 2024, if you live in California, you are entitled to earn a minimum wage of $15.50 an hour. If you are earning less than that, then you are justified in taking legal action against your employer.
Q: What Is the Predictive Scheduling Law in California 2024?
A: In 2024, California enacted the Fair Workweek Ordinance. This means your employer is required to give you your schedule at least two weeks in advance and give you at least 10 hours to rest between your work shifts. It also requires your employer to retain documentation of your work schedule for at least three years. If your employer fails to do this, they can face serious penalties.
Q: How Much Does a Wage Lawyer Cost Per Hour in California?
A: There is no set hourly fee for a wage lawyer in California. The price you might pay for your wage lawyer will depend on a lot of things, such as what you need from them and what their reputation is.
Q: What Is the Longest Shift You Can Legally Work in California?
A: There is no set amount of hours that your work is capped at in California. However, if you work more than eight hours in one day, then you are entitled to overtime pay. For more than 3.5 hours in one day, you are entitled to one rest break, and for more than six hours, you are entitled to a second rest break. For a 10-hour shift, you should get three breaks.
Count on Ferraro Vega for Legal Assistance for Riverside Wage and Hour Claims
If you are not being paid what you are entitled to and want to file a wage or hour claim in Riverside, CA, our team of dedicated attorneys at Ferraro Vega is eager to help you. We can provide informed legal advice for any sort of employment dispute and represent you as you fight for the compensation you deserve. Contact us today to learn more.