"A fair day's wage for a fair day's work": it is as just a demand as governed men ever made of governing. It is the everlasting right of man.
Author: Thomas Carlyle
California courts have long recognized [that] wage and hours laws ' concern not only the health and welfare of the workers themselves, but also the public health and general welfare.'…Furthermore, as we have previously explained, the Legislature's decision to criminalize certain employer conduct reflects a determination [that] the conduct affects a broad public interest.... [For example,] [u]nder Labor Code sections 1174 and 1175 it is a crime for an employer to fail to keep or refuse to furnish payroll records showing the hours worked daily by, and wages paid to, its employees. … There can be no doubt that the one-way fee-shifting rule in section 1194 was meant to "encourage injured parties to seek redress-and thus simultaneously enforce [the minimum wage and overtime laws]-in situations where they otherwise would not find it economical to sue."
Earley v. Superior Court (2000), 79 Cal.App.4th 1430-1431
What is the time period for filing a wage claim?
A claim based on an oral agreement must be filed within two years from the date the claim arose.
A claim based on a written agreement must be filed within four years from the date the claim arose.
A claim for minimum wage, unpaid overtime, and other statutory claims must be filed within three years from the date the claim arose.
California Wage & Hour law is lengthy and complex. IT DOES NOT ONLY REGARD OVERTIME. There are numerous regulations. Federal Wage & Hour law also applies to California employees. The information is too extensive for us to go into in this web site. However, there are multiple issues that may affect an employee’s work, and may give rise to lawsuit and money damages owed to the employee.
IF YOU WOULD LIKE TO TAKE A WAGE AND HOUR QUESTIONNAIRE SO THAT BRICTSON & COHN MAY EVALUATE YOUR POTENTIAL WAGE AND HOUR CLAIMS PLEASE CLICK HERE
A brief list of some of those topics includes:
RECORD KEEPING
. Employee Payroll Records
. Employee Deduction Records
. Employee Lists
THE PAYMENT OF WAGES
. Timely Payment of Wages
. Posting Payday Notices
. Disclosing Complete Information on Wage Stubs
. Minimum Wage
. Overtime Pay
. Day of Rest
. Paying Employees Something Other Than Cash .
. Requiring that Employees Be Paid Via Direct Deposit
. Secret Wages
. Bounced Paychecks
. Working Through Lunch
. Required Lunch Breaks
. Requesting that an Employee Release Their Rights to
Wages
. Prevailing Wage
EMPLOYEE BENEFITS
. Use It or Lose It Vacation Policies
. Permitting Inspection of Employment Records
. Permitting Inspection of Personnel Files
. Permitting Inspection of Signed Documents
. False Descriptions of Injured Worker Benefits
. Notice Before Medical Coverage Discontinued
. Notice of Available Medical Benefits
. Disclosures for Deferred Compensation Plans
. Failing to Fund Benefit Plans
. Failing to Disclose Payments to Benefit Funds
. Alcohol and Drug Rehabilitation
. Breast Feeding
TERMINATION OF EMPLOYMENT
. Timely Payment of Owed Wages
. Failing to Pay Vacation Wages
. WARN Notices
WORKPLACE COMPLAINTS
. Whistleblower Protections
. Whistleblower Hotline Notice
. Workplace Safety Complaints 
GETTING HIRED
. Job Application Process
. Medical or Physical Exams
. Lie Detectors
. Fingerprinting
. Photographs
. Arrest Disclosures
. Inducing Employee Relocation
. Misleading Compensation Claims
EMPLOYEE PAYMENTS AND WAGE DEDUCTIONS
. Reimbursement of All Expenses
. Required Purchases of Employers Products
. Payback of Wages .
. Payback of Tips
. Deductions for Examinations
. Payment of Physical Exam Required for Drivers License
. Payment of Bonds
. Payment of Photographs
. Wage Deductions
. Sex Discrimination
TIME OFF
. Sick Leave to Care for Family
. Jury Duty
. Witness in Court Proceedings
. Domestic Violence Victims
. Sexual Assault Victims
. Crime Victims
. Volunteer Firefighters
. Reserve Peace Officers
. Emergency Rescue Personnel
. Attend School With Suspended Child
. Attend School Activities With Child
EMPLOYEE DISCIPLINE
. Moonlighting
. Political Activities
. Illegal Immigrants
. Shopping Investigator Reports
WORKING CONDITIONS
. Safe and/or Healthy Working Environment
Brictson & Cohn has an in depth understanding of the laws as they relates to your wage and hour claims and the remedies available to you. Some recent developments include a Private Attorney General Act concerning wage and hour violations about which it has been said .....
"The growing state budget virtually guarantees that no new enforcement staff will be hired. There must be a way to enforce labor laws without further relying on state resources. Recognizing that the State cannot be everywhere, this bill would help crack down on the underground economy and other scofflaw employers, and enhance needed revenue to our State by prescribing civil penalties for violations of the labor code which would be able to be assessed and collected by aggrieved workers acting as private attorneys general."
[California Labor Federation]
Brictson & Cohn takes these cases on a contingency basis. That means if our client does not prevail over defendant, through an award, order, or judgment in our favor, or if there is not settlement between the parties, we do not get paid.
We invest our resources on your recovery. Accordingly, we screen our cases carefully and work hard to maximize the value of the case.
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