Disputes arise with regards to wages all the time across California, and the specific reasons that these controversies arise is nearly limitless. Unfortunately, there aren’t many people who inherently understand their legal rights and options when these situations spin out of control. Which means that too many workers are left unpaid or underpaid despite having put in the time for their employers. Our job, as one of the best legal teams in Sacramento for filing Labor Commissioner claims, is to help lead you through the process. One of the rights that workers possess is the ability to file Labor Commissioner claims in Sacramento, or anywhere else in the state, when they need to pursue such a course of action.
Labor Commissioner claims in Sacramento may seem like highly technical, nuanced and difficult claims to pursue, but they are relatively straightforward in nature if you get the right legal help protecting your interests. As you’ll see below, these claims provide several options and choices with regards to how someone can proceed, but the choices made at each juncture are extremely important.
Who Can File Labor Commissioner Claims In Sacramento?
Individual employees – – current or prior employees – – can pursue wage claims against their employer without having to file a lawsuit in Court. The California Labor Commissioner (formally the CA Division of Labor Standards and Enforcement (DLSE) under the CA Department of Industrial Relations (DIR)) accepts claims by employees for wages, overtime pay, unpaid vacation, and other wage-related matters, which are then moved through an administrative process leading to settlement with the employer or to a formal administrative hearing.
Labor Commissioner Claims – Your Choice Is Final
Employees cannot file wage claims with the Labor Commissioner and file a lawsuit in Court against the same employer for the same wage issues; one of the two possible methods of pursuing wage-related damages must be chosen.
Types of Labor Commissioner Claims
In addition to traditional wage claims, the Labor Commissioner now accepts wage-related retaliation claims; meaning, if an employee raises a wage-related issue with their employer, and is then treated adversely by that employer, the Labor Commissioner will hear such retaliation claims. The burden is on the employee to show that the adverse treatment by the employer is in response to the employee engaging in ‘protected activity’, such as threatening to file, or filing a wage claim with the Labor Commissioner.
How Retaliation Claims Work
For example, ‘waiting time penalties’ are usually sought by prior employees because these penalties are triggered when an employer fails to provide all wages (including base pay, overtime pay, accrued vacation or sick time, etc.) to an employee at the time such employee ceases working for the employer. These penalties apply, however, only when the withholding of any pay at the conclusion of employment is intentional by the employer. In turn, what constitutes ‘intentional’ has been decided different ways by various Courts in California. Being represented by a lawyer provides what may be a critical advantage in Labor Commissioner wage claims.
Seek Help For Your Labor Commissioner Claims
If you are an employee who may want to file a wage claim with the CA Labor Commissioner (OR an employer facing such a claim) with specific questions regarding California Labor Commissioner claims, contact Goyette, Ruano & Thompson today. Our team of experienced attorneys understands how to make the best choices possible for our clients and of course how to pursue those claims relentlessly such that those we represent have their legal rights properly enforced. You need to act quickly if you feel you’ve been wronged in this regard, so contact the firm today to schedule a free initial consultation.