Collecting Penalties for Wage Violations in California | Mann & Elias
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Collecting Penalties for Wage Violations in California

Our Wage and Hour Attorneys Los Angeles Can Collect Penalties for Wage Violations for You

You work hard and you deserve to be paid accordingly. If your employer has not paid you all the wages you have earned or has paid you money that is below California’s minimum wage laws, then you can take legal action against them. An employment attorney can help you get the justice and compensation you deserve. If your employer fights you on the issue and you are forced to sue, then you may receive your unpaid wages and additional money in penalties for your company’s violation of the law

When you take action against your employer for unpaid wages, you are essentially asking for money that you have earned. In legal terms, you will be asking for damages, which are a form of relief to people who have suffered loss or injury. You should at the very least seek the wages that have been withheld from you. However, if your employer displayed especially egregious behavior toward you, then they may also be forced to pay penalties.

Some of the money that you are owed may consist of overtime. California has an overtime standard that gives employees the right to time and a half for every hour they work that is in excess of eight hours. As an employee, you also have the right to overtime if you work more than forty hours in a week. You are also entitled to overtime if you work seven consecutive days in a week, and you should get time and a half for the first eight hours of the seventh day. According to California law, you are eligible for double time if you work more than twelve hours in a day or more than eight hours in a seventh consecutive workday.

Other Things You Can Be Compensated For

The law in California requires employers to give their workers a paid ten-minute break for every four hours they work. It also mandates that employees must be given an unpaid 30-minute meal break every five hours. If you were forced to work through meal breaks, your employer must pay you a full hour of pay for each one you missed. You should also receive such pay for any rest breaks you were compelled to work through.

Your employer may also be held accountable for failing to pay you minimum wage. The law recognizes that the failure to earn the applicable minimum wage causes people serious hardship and additional losses. If your employer broke the law by not paying you minimum wage, then they can be ordered to compensate you for the suffering and losses you were forced to endure.

If you were fired, made redundant, or resigned from your job but gave your employer 72 hours’ notice, then you should receive your final pay-check immediately. If you quit without giving such 72 hours’ notice, then your employer has 72 hours from the date of your resignation to issue your final pay-check. The check you receive should include all the wages and vacation time you are owed. If it does not and you are forced to go back to your employer to get what they owe you, then you may be entitled to waiting time penalties. This is how the latter works. For every day your employer is late with your final and full pay-check, you are entitled to a full day of pay—this can go up to a maximum of 30 days.

Your employer must also provide certain information with the pay-check, including the hourly rate at which you are paid, the total hours worked, deductions, etc. If your employer fails to provide this information or what they provide is inaccurate, then you may be entitled to compensation. Your employer will need to pay $50 for the first violation and $100 for each successive violation.

Pursuing Your Interests

Hiring an employment attorney in Los Angeles is the first step toward justice. While most companies play by the rules and treat their employees fairly there are those who act in bad faith. They should not be allowed to deny you what is rightfully yours, and the law is on your side in this matter.

Wage and hour attorneys in Los Angeles specialize in helping ordinary people get the money they are owed from their employers. Any legal action you take against your employer will trigger an aggressive response. It is not unknown for companies to try to threaten, intimidate, and bully employees into silence. Attorneys are used to such situations. They have handled many cases like yours and will know how to deal with an especially aggressive company.

To succeed in your lawsuit, you must have evidence that you have not received the pay you are entitled to. You should gather all documentation related to your pay. The lawyers will need to see this paperwork before they proceed. If you have not kept a complete record, do not worry. They will get the documents they need to see by issuing a subpoena to your employer.

The lawyer will also launch an independent investigation into the company. They will interview and get statements from others who have worked for the company and who were likewise treated unfairly. If he or she is able to show a pattern of mistreatment and abuse, it will help your case.

Your case may not need to go to trial. If your attorney gathers enough evidence against your employer, the latter may decide to settle and pay you all that you are owed, including penalties. If the case does go to trial and you win, then the company will not only be forced to pay you back wages and penalties, but your legal fees and court costs as well.

If your employer has violated California wage and hour laws, then you should take actions against them. To do so, you will need experienced attorneys.


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