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Los Angeles Wage and Hour Class Action Lawyer
Employers have a legal obligation to pay fair wages and provide safe working conditions for their employees as established by federal and state labor laws. Employers cannot retaliate against employees for complaining about the unpaid wages and breaks. Employees reporting unpaid wages and issues with their break are engaged in protected activity and cannot be retaliated against by their employers. If you believe that you have not been compensated properly by your employer, you may be entitled to compensation. The Los Angeles Wage and Hour Class Action Attorney at Equate Law can help advocate on your behalf so that all of the employees at the company are compensated properly.
What is a Wage and Hour Violation?
A wage and hour violation is conduct by an employer that is inconsistent with the labor laws of California. A wage and hour violation occurs when an employer violates the laws that govern employee wages and workplace conditions. In California, the California Labor Code and the Industrial Welfare Commission Wage Orders govern employee wages and workplace conditions. For example, when an employer fails to properly pay employees minimum wages, overtime wages, commissions, or bonuses, a wage and hour violation occurs.
What is a Wage and Hour Class Action?
A wage and hour class action is a type of lawsuit that one employee files on behalf themselves and other current and former employees in California who have suffered the same violations. Class action lawsuits are an efficient and effective way for employees to bring forward claims against their employer and to recover damages on behalf of all affected employees. Instead of filing individual lawsuits, which can be time-consuming, costly, and overwhelming, one employee can file a class action lawsuit and act as a class representative. A class action lawsuit is against the employer and seeks damages on behalf of all aggrieved employees who suffered from the violations of the California Labor Code. If successful, the entire class can recover damages and hold the employer accountable for violating labor laws. If your employer has failed to pay you all of your earned wages or provide you all of your breaks, you may be eligible to file a class action complaint in Los Angeles, California. Contact Equate Law today to speak with our experienced legal team about your employer’s wage and hour practices.
Common Wage and Hour Violations in California
Equate Law handles all types of wage and hour violations in California. Some of the most common wage and hour violations that lead to class action lawsuits are:
- Failure to Pay Overtime Wages
- Failure to Pay Minimum Wages
- Failure to Pay Vacation Pay
- Failure to Pay Sick Pay
- Failure to Pay All Earned Wages
- Failure to Pay for Off-the-Clock-Work
- Failure to Timely Pay Final Paycheck
- Failure to Provide Meal Breaks
- Failure to Provide Rest Breaks
- Inaccurate Itemized Wage Statements
- Failure to Maintain Employee Records, such as Personnel and Payroll Files
- Failure to Reimburse Employees for Business Expenses
- Employee Misclassification
- Taking Illegal Payroll Deductions
- Forcing Employees to be “on-call” Without Pay
- Severance Pay
- Late Pay
- Wage Theft
- Illegal Background Check Disclosure and Authorization Forms
At Equate Law, our experienced legal team conducts a comprehensive investigation into your employment to see if you have been a victim of wage theft. Our team reviews all of your personnel and payroll records to determine if you have any wage and hour claims against your employer. If we determine that you have valid wage and hour claims, we will guide you on the process to recover any unpaid wages and penalties you may be owed by your employer.
Wage and Hour Laws Protecting California Employees
Employee wages and workplace conditions are strictly governed by federal and state laws aimed at protecting the rights of employees. Some of the laws protecting California employees’ wage and hour rights are:
Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) establishes a minimum wage, overtime rules, and child labor laws affecting all employees in the private sector throughout the United States of America. The FLSA sets the minimum wage and hour requirements nationwide and helps protect the health and safety of workers.
California Labor Code
The California Labor Code is a set of state statutes that govern the wages, hours, and working conditions of employees in California. It includes provisions regarding minimum wages, overtime pay, vacation wages, sick pay, meal and rest breaks, record-keeping, and various other employment-related matters. With California’s minimum wage being higher than the federal minimum and covering most workers, it’s important to understand the exceptions to this rule. Although certain job classifications are exempt from overtime pay, it’s essential to ensure that employee classifications aren’t misclassified as a way to avoid paying overtime.
California Industrial Welfare Commission (IWC) Wage Orders
The Industrial Welfare Commission (IWC) Wage Orders provide specific regulations for different industries and occupations in California. These orders cover topics such as minimum wage rates, overtime requirements, meal and rest break provisions, reporting time pay, and more. They play a crucial role in determining employees’ rights and employers’ obligations.
City and County Specific Employment Regulations
Many cities and counties in California have their own specific employment regulations. These regulations seek to supplement the state and federal employment laws that seek to protect California employees. For example, the Los Angeles Bureau of Contract Administration Office of Wage Standards (OWS) is responsible for implementing and administering the guidelines of the Los Angeles Minimum Wage and Minimum Wage Enforcement Ordinances in the City of Los Angeles.
California law provides for various penalties and damages in wage and hour class action lawsuits. These can include unpaid wages, overtime pay, meal and rest break premiums and penalties, interest, statutory and civil penalties, attorney’s fees and costs, and other appropriate remedies.
It’s important to note that labor laws are subject to change, and it’s advisable to consult with legal professionals and relevant state authorities for the most up-to-date information and guidance regarding wage and hour laws in California. Contact Equate Law today for a free confidential consultation regarding your employment matter.
Benefits of Wage and Hour Class Action Lawsuits
Wage and hour class action lawsuits provide several benefits to employees, including:
- Strength in numbers: By joining together, employees have more power to hold their employer accountable for violating labor laws.
- Cost Efficiency: Rather than bringing multiple individual lawsuits and flooding the Courts with smaller wage and hour cases, one employee can act as a class representative for the interests of other similarly situated aggrieved employees
- Potential for larger settlements: Class action lawsuits have the potential to yield larger settlements than individual lawsuits.
Role of Class Representative Plaintiffs
A class representative plaintiff is a member of the class who acts as the representative of the class action on behalf of all other similarly situated aggrieved employees. The class representative plaintiff must have a valid claim and must be willing to dedicate their time and effort for the benefit of the class. They must also be willing to act in the best interests of the class, which may mean making decisions that benefit the group as a whole.
Do You Need a Los Angeles Wage and Hour Lawyer?
Employment laws are in place to protect the rights of workers, and violating these laws can lead to harsh consequences for employers. In California, employers may find themselves facing a wage and hour class action if they are found to have violated labor laws. It’s crucial to note that there are many types of employment law violations that can lead to a lawsuit. To proceed as a class action, employees must demonstrate a well-defined community of interest, sufficient and definable class of affected employees, and that the benefits of a class action are preferable to individual claims. It’s essential to remember that violating employment laws can have serious consequences and employers must do everything in their power to comply with the regulations set forth to protect their employees’ rights.
Wage and hour class action lawsuits are an essential tool for employees to hold their employers accountable for labor law violations. While there are certainly challenges associated with class action lawsuits, the benefits can be significant. If you believe your employer has violated labor laws, it’s important to seek legal counsel to determine whether a wage and hour class action lawsuit is the right course of action for you. One of our experienced wage and hour attorneys are available to help determine whether or not you have a viable claim. To speak with a California employment attorney, please contact our office to schedule a free confidential consultation.
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