Thursday, August 1, 2013

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.

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