Tulare Wage and Hour Claims Defense Attorney

Employees throughout Tulare deserve to be paid fairly and according to law. Unfortunately, wage and hour claims have become more common than ever due to how the economy is performing. Factor in disputes over contractors versus employees, and these claims become more complex. If an employee has accused you of violating their wage and hour rights, you should enlist the support of a Tulare wage and hour claims defense attorney to create a defense for you.

If you’ve been notified of an hour and wage claim from an employee, we encourage you to speak about this with our staff at Fishman Larsen Callister.

No matter where an individual works in California, there is a list of rights that their employer cannot violate. Should you breach these regulations, they have the ability to file a claim against you and potentially earn compensation.

There are specific rights that employees keep in mind, and many misunderstand or aren’t aware of their rights in the first place. They have the right to several different benefits, including:

• Overtime pay. If an individual works more than 40 hours in a week, their employer must provide overtime pay.
• Family medical leave. According to the Family Medical Leave Act and the California Family Rights Act, they are allowed to take time off from work for certain health and family situations. These scenarios include child adoption, maternal or paternal leave, illness, and other similar events.
• Protection from workplace discrimination. Employers have no legal grounds for discriminating or harassing employees. If an employee is being harassed physically or emotionally in the workplace, they should speak with a criminal defense attorney immediately.
• Protection against wrongful termination. Wrongful termination is defined as the firing of an employee due to age, sex, color, religion, race, genetic information, or other similar qualities. An employee has the right to hold an employer liable for damages due to wrongful termination if they believe this is what occurred.

Employers and employees should both review what rights workers in Tulare have, as this can prevent legal complications down the line. When employers understand what their employees could do in case of mistreatment, they may be more inclined to abide by the law.

Employers in Tulare can be met with a wage and hour claim up to three years after the date of the incident. For example, if your employee believes they weren’t paid for overtime worked on March 18th, 2024, they have until March 18th, 2027 to file a claim. If an employee attempts to file a claim after the statute of limitations has passed, the claim will be tossed out, regardless of what it says.

Employers should take wage and hour claims from employees very seriously, as employers who ignore the severity of these situations can be penalized tremendously.

There are many reasons an employee could file a claim against you. The main one is that an employer misclassified someone as an independent contractor versus an employee. Employers may be accused of classifying an employee as a contractor as a means of avoiding having to pay them overtime.

Overtime law must be taken seriously by employers, as employees commonly file claims against employers due to this incident. If you ask an employee to work extra during “off the clock” hours, you are required to pay them for this.

Employers may also be found neglecting to give their employees rest or lunch breaks. Employers cannot force employees to work during their break time, and if they are allowed to do so under rare circumstances, they must pay them according to law. Finally, employees who are owed hazard pay may not receive it, giving them the chance to sue your business over it.

Your Tulare business should abide by minimum wage laws to prevent your employees from suing you over unfair pay. When minimum wage laws change, it can be confusing and difficult to adapt, which is one reason businesses can lose out in these cases. It is crucial your business keeps up with changes to work and hour laws, as failure to do so could give your employees a chance to file a claim.

As of 2020, minimum wage laws stated that employees must be paid at least $13 per hour for companies with at least 26 employees. If your company has fewer employees, the minimum wage drops to $12 an hour. It is vital to keep up with state law and speak with an attorney if you’re confused to ensure no one is being underpaid.

Operating a business takes a lot of decision-making and effort. You may have several ongoing projects that keep you busy, yet an employee may decide to file a claim in the midst of this. You don’t want to ignore these claims, as this could significantly hurt your business, yet you may not have the resources or time to devote to creating a defense. Thankfully, you can rely on a knowledgeable and qualified law firm to assist you while you focus on your business.

While hiring an attorney isn’t mandatory, they can help you gather evidence and create a defense. An employee may not have the right information to sue you, or you may have abided by law, and there was a miscommunication somewhere along the way.

No matter what your situation looks like, you should have an attorney review your case and determine how to proceed. You don’t want your business to begin struggling due to a wage and hour claim, so be sure you contact legal representation as soon as possible when the possibility arises.

Some businesses attempt to defend themselves in court, especially if they believe their employee’s claim is unsubstantiated. However, a judge may be biased toward an employee’s side if they provide enough convincing evidence. It is imperative you have the evidence to protect yourself and your company, and if you’re not able to do this effectively, your attorney can.

Q: How Do You Defend Wage and Hour Claims in California?

A: The smartest way to defend yourself from a wage and hour claim is to contact an experienced attorney. This is so they can gather any relevant information regarding the situation and determine how to move forward. For instance, if they find that you did, in fact, pay an employee for overtime despite what the claim says, you can use this as a way to defend your business and potentially have the claim dismissed.

Q: How Do I Win a Wage Claim in California?

A: There is no set strategy for how to win a wage claim, although there are some common tips people use. Employees should submit factual and accurate information when filing a claim. Employers should get in touch with legal assistance and provide their own evidence so a defense can be created. If your evidence proves you followed state law, your odds of winning your case increase.

Q: How Long Does a Wage Claim Take in California?

A: While there is no set time period for how long these claims can take to navigate, most take between three months and a year. This depends on the severity of the claim, how much you fight back against the claim, and how much legal representation you’ve hired. Hiring an attorney may help accelerate your case, although this isn’t guaranteed. However, if you don’t want to spend a year on a single case, you may want to speak with an attorney.

Q: What Is the Statute of Limitations for Wage and Hour Claims in California?

A: Employees have three years from the date of the alleged incident to file a claim against their employer. If your employee tries submitting a claim five years after an incident has occurred, the claim could be dismissed with no opportunity to hold you liable. However, if an employee files a wage and hour claim a year after not being paid for overtime, this claim could impact your business, meaning you should hire an attorney immediately.

At Fishman Larsen Callister, we know how complicated wage and hour claims can be. Your business likely has a lot going on, and you don’t have the ability to defend yourself against an employee’s claim. You may have genuinely overlooked something, leading to a claim, or you’ve been falsely accused of not paying an employee according to law. No matter what the situation entails, you don’t have to deal with this alone.

Our team is experienced in finding relevant evidence to defend clients who have been hit with wage and hour claims. Resolving these matters takes careful attention to detail, which can be difficult to provide when you’re busy. Instead, we can handle your legal matters behind the scenes while you take care of your daily tasks. You shouldn’t risk your business over a claim, and we take pride in helping clients avoid this entirely.

Contact our team at Fishman Larsen Callister today to schedule a consultation.