San Diego Minimum Wage Claims Lawyer
Every employee in California has the right to the highest minimum wage in the area where they live and work. At times, employers find avenues to deny a worker their minimum wage payments. When this happens, you need to hire a San Diego minimum wage claims lawyer to represent you in a fight for compensation.
At Ferraro Vega San Diego Employment Lawyers, we have helped countless workers receive missed minimum wage payments, and we’re prepared to do the same for you.
Table of Contents
Can Ferraro Vega San Diego Employment Lawyers Help With My Minimum Wage Claim?
At Ferraro Vega San Diego Employment Lawyers, we believe in protecting the rights of California employees. We focus exclusively on employment law issues, which has allowed us to attain extensive experience. By employing our wealth of knowledge in employment law, we can help you pursue compensation for minimum wage violations.
What Are Some Examples of Minimum Wage Violations?
All employees expect to be paid minimum wage, but some employers refuse to pay their employees appropriately. Some methods an employer may use include:
- Misclassifying employees: There are a few industries that do not have minimum wage protections. While employees in these industries can’t file minimum wage claims, you may notice your employer attempting to classify you as exempt when you shouldn’t be. You can file a wage and hour claim against your employer if you believe they are attempting to deny you minimum wage by misclassification.
- Paying less than minimum: While other states allow tipped workers, such as waitstaff, to receive less than minimum wage, California does not. Some employers will still attempt to pay less than minimum wage to employees who receive tips in hopes that they don’t notice.
- Piece-rate pay: Some industries pay their employees by the task and not the hour. For instance, a truck driver may receive payment for each trip they complete rather than the hours worked. Your employer must still pay a rate that is at or above the minimum wage when using a piece-rate structure. In addition, you must be compensated for all the work you do, whether it be driving or waiting for someone to load the truck.
- Late or missed payments: Your employer should pay you on time every week. If you don’t receive your paycheck on time or you notice your paycheck is smaller than it should be, these are grounds for a claim in San Diego.
Who Is Exempt From Minimum Wage Payments in California?
In general, most employees have the right to minimum wage payments. However, there are a few types of employees who won’t receive the minimum wage, including those who work as outside salespersons, are apprentices for a trade, or have a close familial relationship with the employer. This close relation could be a child, parent, or spouse of the employer.
Even if an employee is willing, they may not offer to work under the minimum wage, and an employer cannot accept an offer to work under the minimum.
What Should I Do if My Employer Is Paying Less Than the Minimum Wage?
If you believe your employer is paying under the minimum wage, you should contact an attorney as soon as possible and begin filing a claim. You should speak with the Labor Commissioner, fill out the proper paperwork, and submit your claim over email. If you’d rather go in person, you can visit the Labor Commissioner’s office to submit your claim.
Should I Speak With a Lawyer When Filing a Claim Against My Employer?
While you have the legal right to forgo a lawyer for a minimum wage claim in San Diego, this is not advised. Self-representation makes you vulnerable to the risk of receiving a bad deal or losing your claim altogether.
Your attorney can ensure you have all the proper paperwork and forms before you file the claim, and they can represent you in negotiations with your employer or the Labor Commissioner. Representing yourself may cause you to file incorrectly and put your claim in jeopardy.
Minimum Wage Claims FAQs
Q: How Do You Win a Wage Claim in California?
A: To win a wage claim, you’ll have to demonstrate that your employer failed to pay you the minimum wage. You can use paystubs, hour sheets, and any other evidence to prove your case. If multiple employees notice a pattern of an unpaid minimum wage, you may pool your resources together for a class action claim to demonstrate strength in numbers.
Q: Are There Any Exceptions to the California Minimum Wage Laws?
A: While the vast majority of employers must pay minimum wage, a few types of employees do not qualify for minimum wage in California. Those working as outside salespeople or as apprentices in a trade may not qualify for minimum wage. Additionally, employers don’t have to pay minimum wage to someone who is a close familial relation. If you work in an exempt industry, you won’t be able to file a minimum wage claim.
Q: Is There a Statute of Limitations on Filing a Minimum Wage Claim?
A: In general, the statute of limitations for filing a claim against your employer for a minimum wage violation is three years, meaning filing a claim after this time would render it invalid. If your employer broke a written contract with you, you may be able to compel the court to allow you to file the claim within four years.
Q: How Do I File a Minimum Wage Claim in California?
A: You can file your claim with the San Diego Labor Commissioner. You can find the form online and send it to the commissioner’s office via email, or you can go to the office and fill out the forms in person. Hiring an attorney gives you the greatest chance of a successful claim.
Contact Ferraro Vega San Diego Employment Lawyers
Identifying a minimum wage violation is difficult, and proving it in court is even more so. You need an experienced San Diego minimum wage claims lawyer to help with your case.
At Ferraro Vega San Diego Employment Lawyers, we aim to protect our clients from unjust employers. Contact us today to learn more about how we can help you.