Filing a labor dispute in California can be a challenge, but knowing what rights you have and what steps to take can make it less difficult. Employees have a right to file a dispute if their employer fails to pay overtime, denies meal breaks, or otherwise violates their employment rights. If you work in Southern California, a Costa Mesa wage and hour dispute claims attorney can help you pursue your case and answer, how do I file a labor dispute in California?

Labor Disputes in California

Labor disputes occur when an employee believes their employer violated their labor rights in one way or another. There are several reasons an employee may file a labor dispute related to wages, including:

  • Overtime violation. In California, non-exempt employees are entitled to overtime pay when they work 8 hours in a day or 40 hours in a week. Employers are required to pay one and a half times the employee’s regular hourly rate for any overtime hours and double the rate for more than 12 hours worked.
  • Meal and rest breaks. Employees in California should not work more than 5 hours in a day without being given a meal break unless their total work period is no more than 6 hours. Additionally, employees must be given a paid rest break for every 4 hours they work.
  • Paid time off. Although employers have no legal requirement to provide employees with paid time off, if they do offer it, any accrued PTO cannot be taken away. When an employee leaves the company, all remaining PTO must be paid to them.
  • Employee misclassification. Some employees will purposely misclassify their workers as independent contractors instead of employees to avoid paying minimum wage, overtime, or providing other benefits they’re entitled to.

These are just a few of the ways that employer violations of labor laws can impact your wages. Understanding these violations can help ensure you continue earning a proper wage to support yourself and your family and provide for basic necessities.

Process for Filing a Labor Dispute

If you feel your employer has violated your employee rights, you should seek the help of an attorney who can navigate the process of filing a labor dispute. Their knowledge and experience will help you navigate the following steps:

  • Assess your claim. It’s important to fully assess your situation before you file a labor dispute. Review any relevant company policies, California labor laws, and your employee contract. If you believe you were wronged, gather evidence that can support your claim, such as timesheets, pay stubs, and documentation of correspondence with your employer regarding compensation.
  • Contact a lawyer. A lawyer can help you gather necessary documentation and evidence, file the appropriate claims, make sure your rights are always protected, and discuss proper courses of action with you. If you consult with a lawyer early in the dispute process, it can save you time and prevent common mistakes.
  • File a complaint with the California Labor Commissioner’s Office. Most labor disputes in California are handled by the California Labor Commissioner’s Office. You can submit a report for a labor law violation and file a wage claim for wage and hour disputes on the Department of Industrial Relations website.Once you submit your claim, it will be reviewed by the Labor Commissioner’s Office, and an investigation may be conducted to see if your employer has violated any of your rights.
  • Settlement conference and hearing. If the Labor Commissioner’s Office determines you are owed benefits or wages, a settlement conference will likely be scheduled between you and your employer to settle the dispute. If no resolution comes from the settlement conference, your case will move forward to litigation. This is when it will be beneficial to have a lawyer to help you fully prepare for the hearing.

Filing a claim against your employer can be difficult and complicated. Some employers may be repeat offenders because no one has sought to hold them accountable due to fear of termination, retaliation, or other illegal maneuvers. Holding your employer accountable, however, may help others find their voice and speak up or could prevent further violations from occurring. In some cases, an employer may not know they have committed a violation.

FAQs

Q. How Long Does the Labor Dispute Process Take?

A. The labor dispute process can be quick or prolonged, depending on how complex the case is and the cooperation of both parties involved. Some disputes can be settled in the initial stages of the process, while others can require a court hearing and sometimes an appeal, which can often take months or years to be resolved. There is no exact timeframe for the labor dispute process.

Q. Can I Appeal the Decision if I Lose My Case?

A. Either party in a case can appeal a decision made by the Labor Commissioner if they disagree with the ruling. There will then be another court hearing for the case. The appeals process can be a little more complex in some situations, so it is advisable to hire legal representation to ensure a successful outcome.

Q. How Long Do I Have To File a Labor Dispute in California?

A. In California, you generally have three years to file a labor dispute for wages and hours. It is not advisable, however, to wait to file a claim. You should act quickly to avoid missing deadlines or losing important documents. File your complaint as soon as possible after the violation happens or once you become aware of the violation.

Q. Can My Employer Retaliate Against Me for Filing a Labor Dispute?

A. Your employer cannot retaliate against you for filing a labor dispute. In California, it is illegal for employers to retaliate against their employees for engaging in legally protected activities. If your employer fires you, treats you unfairly, or does anything else in retaliation for filing a dispute, you are within your rights to file a retaliation claim against them.

California Employment Lawyer

Filing a labor dispute in California while dealing with complicated legal procedures can be an overwhelming process. A skilled employment lawyer from California Employment Counsel, APC, can give you the guidance and support you need to get through the dispute. Contact our office and speak with one of our legal representatives today.