Thursday, August 1, 2013

Hiring the Best California Minimum Wage Violation Lawyers

Employment and labor legislation in place in the State of California to ensure the protection of employees, especially in the aspect of wages. The state’s Labor Code, in particular, states that all employers must pay their employees the minimum wage, which currently stands at $8.00 per hour from the previous $7.50 in 2007. An employer failing to provide the necessary minimum wage to one or a group of employees over time may cause it to face stiff penalties for violation of the state’s employment and labor laws. If this happens to you, then you are entitled to your right to claim up to three years of unpaid minimum wage from the time you file a claim against your employer. However, for this to happen, you must first submit a written complaint to your employer’s human resources department. If said complaint reaches the boss but it failed to address the situation, then you must consider contacting the best minimum wage violation lawyers in California. If instead your employer purposely failed to provide you overtime pay or meal and rest breaks, you must know that you are still protected under the prevailing California labor statutes. By hiring one of the California minimum wage violation lawyers, you can expect a prompt and complete protection and support for your labor abuse claims against your employer.

Know the minimum wage laws in California

The state’s minimum wage is mandated and protected by various legislation  including the provisions stated in the California Labor Code, as well as its wage orders and regulations. The $8.00 minimum wage in the state differs with that of its federal counterpart, which currently stands at $7.25 as of 2009. However, there is an existing rule which provides that if both minimum wages differ, employees are entitled to the higher one. Thus, you are entitled to the $8.00-per-hour minimum wage. However, if your employer fails to follow the said rule, then you have the right to file a claim with the expert help of an employment law attorney in California who is knowledgeable in all the provisions, regulations, and issuance related to the state’s minimum wage violated laws.

Industries where this kind of employment and labor law violation exists include hotels, restaurants, day care, health care, and garment manufacturing. If you are working in any of the said industries, it is possible that your employer might take advantage of you and your co-workers by not providing you the right minimum wages. If you find out that you are receiving your wages on a delayed basis or you are being paid less than the state’s minimum wage for over long periods of time, then it would be in your best interest to seek legal advice from a free legal consultation who is highly competent and capable of aggressively pursuing and effectively handling your minimum wage violation claim.

Recovering lost wages for your minimum wage violation claim

The wages you lost over time as a result of your employer’s failure to provide you the state’s minimum wage for every hour worked can be quite extensive. If your employer makes a habit of engaging in such an unlawful employment practice, then your employer may face thousands of dollars in reimbursing lost wages. Obtaining the best representation of a California minimum wage violation lawyer to help you with your claim will surely enhance your chances of recovering all your lost wages, especially if your employer habitually underpays you or don’t pay you your minimum wages at all.

Why hiring the best California minimum wage violation lawyers is important

Some employees who are being taken advantage of by their employers often try to claim back wages from the latter on their own. However, it has been proven time and again that doing so can be difficult and tedious, especially if they are not well-versed or familiar with the complexities of the legal process that entail their situation. On the other hand, employers can easily dismiss the minimum wage violation claims that their employees file against them primarily because of the simple fact that they have the resources to hire legal counsel in an attempt to protect their operations and defend their actions.

But then, employees who are victims of their employers’ unlawful, habitual acts must realize that deciding not to pursue claims of minimum wage violations against the latter would mean waiving their right to fair compensation. Therefore, if you seriously want to pursue your claim against your erring employer and obtain what is rightfully yours in the first place, then you need to hire experienced California minimum wage violation attorneys to fight for your cause.

Obtaining Highly Skilled California Wage and Hour Claim Attorneys

In the realm of employment, the term “wages” refers to all compensation or remuneration for labor performed by an employee regardless of his or her term of employment, may it be full time, part time, piece basis, commission basis and the like. In the State of California, all matters related to wages are found in the state’s Labor Code and all applicable case laws. These contain all the general provisions and specific regulations that compensation, to include wages, hours, and all labor-related aspects. Pursuance of the legislation concerning wages and compensation, every employer operating its business in California must be responsible enough to honor its employees’ rights to fair compensation and wages. But then, if you are an employee and you feel that you are owed unpaid wages or have been prevented to receive complete minimum wages or overtime pay on time, then it is would be best to consider consulting with the top wage and hour claim lawyers that will help establish your claim against your erring employer.

Through the expertise of the best wage and hour claim attorney, you won’t only receive wages that have been long overdue for you, but your employer may also have to face the penalties and consequences of its actions or inaction with regard to the compensation and wages that it should provide you and your other co-workers as dictated by the existing labor laws in California. You must know that delaying your wage and hour claim against your employer on your own is difficult and tedious. Without your legal counsel by your side, you will surely fight a losing battle, primarily because your employer has enough resources to hire lawyers in an effort to dismiss your claim. Indeed, securing a victory against your employer is never an easy task, but it will greatly enhance your chances of obtaining long overdue wages if you hire a wage and hour attorney in California.

Hiring a wage and hours claims attorney in California

You must hire a wage and hour claim lawyer in California who has the extensive knowledge of not only the state labor law provisions and regulations, but has also represented employees who have been taken advantage of by their employers that commit certain labor law violations. The most common labor law violations that some unscrupulous California employers do or any of the following:

·        Failure to provide minimum wage and overtime wages promptly and/or completely (e.g. Wrongfully deducting employee’s wages);

·         Failure to provide meal and rest breaks;

·         Misclassifying an employee in order to save on expenses (e.g. Classifying an employee as exempt when in fact he or she is a non-exempt, which means that the erring employer is trying to deprive him or her overtime and other wages);

·         Failure to keep an extensive record of every individual’s employment record, particularly those that concern wages and compensation;

·     Failure to pay past due sales commissions, earned vacation time, and all due wages upon an employee’s termination or layoff; and

·    Violating company rules on tipping, especially in service-oriented industries such as restaurants, casinos, and the like.

If you have been subjected to any of these labor law violations, you are entitled to a wage and hour claim that you may establish against your erring employee. In order for your claim to go a long way towards a successful outcome, it is imperative that you consult and hire the best wage and hour violations lawyers in California.

Receiving correct and timely wages as an employee right

You must know that your employer is still bound by its duty to adhere with the wage and hour statutes, rules and regulations of the state keep payroll and other employment records for a certain number of years, regardless if you are being paid, underpaid, or not paid at all. Such statute is enacted to ensure that employer will not be able to feign ignorance or use lack of evidence on the employees’ part in their wage and hour claims. Every employee’s employment details, including his or her work hours and work history, must be kept for at least two years for inspection purposes.

If you feel you have been subjected to a wage and hour violation by your employer, whether it is your minimum and overtime wages or unpaid benefits, then it is in your best interest to obtain legal representation from the highly-skilled California wage and hour claim attorneys. Your lawyer must be adept at determining every wage you earned at a given time, including the computation of your basic pay, split-shifts, alternate work schedules, night differential, tips, and other income or compensation that should be included in the wage computation.

Understanding the Various California Labor Law Violations

Employees working for employers that operate their businesses in the State of California are entitled to their rights, especially with regard to matters concerning the state’s labor laws. To begin with, California has one of the most protective labor laws, and as such, every employer is expected to provide their employees the right and complete minimum and overtime wages, meal and rest breaks, vacation and medical leaves, and the right to claim for workers’ compensation benefits. Incurring a violation of labor law in California would immediately put employers at a disadvantage if ever they have been found to have subjected their employees to such unlawful practices, not to mention the fact that they may face stiff penalties.

For the most part, employers may have to face claims of labor law violations against their employees. However, some employees try to initiate the claims on their own, which is difficult and tedious to begin with because of the underlying complexities of the legal process. Also, employers perceived to be engaging in practices that violate the state’s labor laws have enough resources to hire legal representation in order to delay and consequently dismiss the advancement of their aggrieved employees’ claims. If you have been in such a dilemma where you have been taken advantage of by your employer you think violates any of the provisions of the labor laws in California, it is important that you also assert your rights, especially when it comes to obtaining representation from an expert labor law attorney. Whether you have been denied the right to receive complete minimum and overtime wages, take advantage of meal breaks and rest periods, leaves, or file workers’ compensation claims, then you must strongly consider seeking the expertise of the top labor law attorney in California who can aggressively pursue and effectively handle your claim against your erring employer.

Various California labor law violations

The important provisions that make up the labor structure of California can be found in various legislation such as the state’s Labor Code. Despite this, employers covered by the labor laws still commit certain violations, at the expense of aggrieved employees. Basically, an employment and labor law violation in California can be any one of the following:

·         Minimum wage and overtime violations. The state’s minimum wage currently stands at $8.00 per hour. Whether you are working full-time, part-time, or on a piece or commission basis, you are still entitled to the minimum wage. Likewise, if you are a nonexempt employee, your employer must provide you overtime wages, which is one and one-half times the regular rate of pay for every hour worked beyond the eight-hour workday or beyond the 40-hour workweek. However, some employers are not responsible enough to pay their employees the minimum and overtime wages on time/completely.

·         Meal and rest break violations. California labor laws provide that employers must give their employee meal and rest breaks depending on the latter’s working hours. For example, if you have been working for more than 5 hours in a single workday, you are entitled to one 30-minute meal period. “On-duty” meal breaks must not be deducted from your payroll. With regard to rest periods, you are entitled to a 10-minute break for every 4 hours you’ve worked. A penalty of an additional hour of pay at a regular rate must be given to you by your employer for every day it failed to provide you a meal or rest break.

·         Employee misclassifications. If you are technically a non-exempt (hourly-paid) employee but you have been classified as exempt (salary-paid) employee, then it is possible that your employer is trying to save on expenses, therefore depriving you of receiving overtime and other wages.

·         Violations in record keeping. It is every California employer’s duty and responsibility to maintain employee records, particularly on wage and hour matters such as hours worked, work history, and other wage records. These must be kept for at least two years for inspection purposes. If an employer is found to have been violating any labor law violations, then it is possible that its employee records may serve as evidence, especially if aggrieved employees file claims against the employer.

Other unlawful and deceptive labor practices that some California employers commit include wrongful deductions from wages, violating company rules on tipping in restaurants, casinos, and the like; failing to pay past due sales commissions, earned vacation time, and all due wages upon an employee’s termination or layoff. If ever you have been subjected to any of these labor law-bending violations by your employer, you must know that you are entitled to your right to file a claim against it. In order to obtain any lost wages and other compensation for the damages you incurred, it would be best if you hire the best Los Angeles employment and labor law attorney.