When you are having problems with your employer, you might feel isolated and stressed, especially if you bring your employer’s attention to the problem and they do not take any action. If you are involved in a wage or hour dispute in San Bernardino, and you are unsuccessful in trying to negotiate with your employer, you can file a claim with the San Bernardino Labor Commissioner’s Office.
Our employment attorneys at Ferraro Vega can provide strategic legal support during this process and make sure your rights are protected.
What Are Wage and Hour Disputes?
In an ideal world, we would all work a certain amount of fair hours and make a fair living wage for each hour we work. However, this is unfortunately not the case in many situations. For instance, you might encounter some of the following situations:
- You work overtime hours, but you do not get overtime pay.
- You do not receive payment for your regular working hours on time.
- Your employer requires you or pressures you into working on your unpaid breaks.
- Your employer is paying you less than the legal minimum wage.
- Your employer misclassifies you as an independent contractor to avoid wage and hour requirements.
- Your employer makes unauthorized deductions from your wages.
It is important that you make sure the reason you are making your claim falls under the jurisdiction of the San Bernardino Labor Commissioner’s Office’s wage and hour department. Consulting with an employment attorney about whether you have the grounds to make such a claim and if you are filing it at the right place can help keep you on track to resolve the dispute you are facing.
How Do I File a Wage and Hour Claim in San Bernardino?
If you want to file a wage or hour claim in San Bernardino, you need to email or mail your claim to the office. If you prefer to go to the office in person, you can also go in and file your paperwork. The address and contact information of the San Bernardino office is:
464 West Fourth Street
Room 348
San Bernardino, CA 92401
+1 (909) 383-4334
LaborComm.WCA.SBO@dir.ca.gov
What Do I Need to File a Wage and Hour Claim in San Bernardino?
Before you submit your paperwork to the San Bernardino Labor Commissioner’s Office, you need to make sure you have all of the required documents in order. You will need to make sure that you fill out all parts of the claim form clearly and accurately. You will also need to provide the office with supporting documentation that is relevant to your case, including:
- Pay stubs. You should be prepared to provide copies of your paychecks and pay stubs to show the compensation you have earned in your claim period.
- Your time records. Legally, your employer has to save copies of your time records as well as your payroll records. You do not have to keep these on your own. You should be able to provide these to the Labor Commissioner’s Office as support for your claim.
- Any bounced paychecks (if applicable). If you could not cash your paycheck and your claim is about this issue, then you need to provide a copy of this check or official documentation from your bank about why they were not able to cash it.
It can be tough and time-consuming to compile all of the necessary information for your claim. It can also be difficult to determine if you are filing your claim with the right office and what to do if your claim is denied. Consulting with an employment lawyer can help you ease your mind by sorting out all the steps in the process.
FAQs
Q: How Long Do I Have to File a Wage or Hour Claim in San Bernardino?
A: If you want to file a wage or hour claim in San Bernardino, you usually have about three years, depending on the issue at hand. If your claim is about an oral promise from your employer to pay you more than minimum wage, then you have two years. If your claim is about a bounced paycheck, you have one year. Your employment attorney can help assess your situation and determine if you still have time to file your claim.
Q: Can You Work 60 Hours a Week in California?
A: If you work 60 hours a week in California, it is legal. However, your employer must abide by overtime rules and break requirements if you are working 60 hours. Additionally, if your work hours come to more than 40 in one week, your employer is supposed to pay you overtime for the extra hours, so you would get 20 hours of overtime pay in a 60-hour week. You also should get 10-minute rest breaks for every 3.5 hours you work.
Q: What Is the Exempt Salary Threshold for 2023 in California?
A: As of January 2023, if you are a worker in California, you need to earn no less than two times the state’s minimum wage to be exempt. Therefore, in light of the January 2023 minimum wage increase in California, you will have to earn no less than $64,480 to be exempt.
Q: What Are the Damages for Unpaid Wages in California?
A: If you prove that you are not receiving the proper compensation from your employer, they will face a penalty of $100 for each employee they fail to pay. You will also have the right to the wages that they owe you and, in some cases, interest on that money.
San Bernardino Wage and Hour Dispute Lawyers You Can Trust
If you are filing a wage or hour claim in San Bernardino, you can benefit from the insight and help of a trustworthy lawyer. Our team of experienced employment attorneys at Ferraro Vega has been standing up for San Bernardino workers for years, and we work our hardest to help you as you navigate your wage dispute. If you would like to find out more information or consult with an employment attorney, please do not hesitate to contact our office today.