Category: Civil Litigation

If you have not received unpaid wages from your employer, it might take some time before you begin to notice. This is especially likely if you worked flexible hours at different rates and had variable paychecks. When you do discover the discrepancy, it is important to hire a lawyer for unpaid wages and begin to build your case.

Employers know there is a statute of limitations and will often try to drag negotiations out so that the time expires before you can be paid. The statute of limitations differs based on the circumstances, but the time ranges from one year to four years.

What Are California’s Statutes of Limitations?

In California, the state’s Department of Industrial Relations encourages workers to file claims in a timely manner. These are the time restrictions provided by the department for filing wage claims:

• Within four years if you have a written contract
• Within three years for violations related to overtime, minimum wage, meal breaks, unpaid rest, unpaid reimbursements and illegal deductions
• Within two years if you received an oral promise to be paid more than the minimum wage
• Within one year if you were charged penalties for a bounced check or if you did not receive access to your payroll records

Where Can Workers Get Information To Build a Case?

Before hiring an attorney for unpaid wages, it’s important to gather all the necessary information you can. If you are not sure what information you need, consider the following tips from the Department of Industrial Relations.

Track Your Paychecks

Most medium-to-large employers provide electronic access to your paystubs online. If you work for a smaller company, you might only receive a physical printout of your pay stub. Keep copies of this information. You might need them to show the money you received versus what you should have been paid. If you do not have access to this, check your bank account for checks cashed and direct deposit payments.

Add Up Hours Worked

Unless you are a salaried worker, how many hours you spent on the job will make a difference in your claim. Hours can determine not just whether you received the right total for each hour worked but also whether you qualify as a full-time worker or should receive any special benefits or bonuses.

Gather Employer Information

You need important information about the employer to file your claim with the Labor Commissioner’s Office. This includes the address and name of the company or individual. You should find this information on the paystub, product labels or mailing labels. If the names do not match or you are unable to find the information, write down your employer’s license plate number.

How Can Workers Choose the Right Lawyers for Their Cases?

When choosing an employment law attorney for unpaid wages, choose an experienced professional who is willing to go up against corporations. You also need professionals who are accustomed to cooperating with government agencies to complete your case.

At Hoffman & Forde Attorneys at Law, we are proud to provide cost-effective services to workers in Southern California. Schedule your consultation today.

Sources:

• https://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Has COVID-19 prevented you from reporting to work? Are you an employer whose workers got ill from the coronavirus? Has your child’s school or place of care closed because of the pandemic? If you answered yes to any of these questions, know your employer and worker options for paid sick leaves with the FFCRA.

What is the FFCRA?

As of April 1st, 2020, the U.S. Department of Labor (DOL) notified the public that American workers and employers will receive benefits through the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act. Both of these acts are part of the Families First Coronavirus Response Act or FFCRA. The Wage and Hour Division of the DOL administers the FFCRA’s paid leave provisions. For legal assistance regarding paid leaves, a wage and hour lawyer can help. 

FFCRA is intended to address COVID-19 workplace issues, specifically by reimbursing tax credits to private employers with fewer than 500 employees. The credits give the employees paid leave for COVID-19 specific reasons. With the reimbursements, employers can keep their workers on payroll while workers do not have to worry about choosing between their livelihood and their health. FFCRA is effective from April 2, 2020 and will expire on December 31, 2020.  

What else is covered under the FFCRA?

Under the temporary rule, there are other provisions intended to support both employers and workers. These include the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). The differences between the two provisions are listed below.

EPSLA

This provision requires specific employers to give up to 80 hours paid sick leave to employees affected by COVID-19. According to the DOL, these reasons may include:

• the employee or someone the employee is caring for is subject to a government quarantine order or has been advised by a health care provider to self-quarantine;
• the employee is experiencing COVID-19 symptoms and is seeking medical attention; or,
• the employee is caring for his or her son or daughter whose school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19.

Source: U.S. Department of Labor

If you are a worker requiring medical attention due to COVID-19, or you need to provide care to someone who has been required to quarantine, the 80 hours of paid sick leave that EPSLA offers may apply to you.

EFMLEA

Under this provision, the Department requires specific employers to provide a maximum of 10 weeks paid and 2 weeks unpaid emergency leave (family or medical) to their employees, provided that the employee is caring for a child whose “school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19.” In California, the Labor Code section 230.8 also details provisions for parents and guardians in the event of school or daycare closure. 

For parents who need to take time off to care for their kids because of school closure, the EFMLEA will cover 10 weeks of paid and 2 weeks unpaid emergency leave. 

Who is eligible under the FFCRA?

Certain public employers and private employers with 500 or fewer employees are covered under the FFCRA. Federal employees are covered by Title II of the Family and Medical Leave Act’s paid sick leave provision. For small businesses with fewer than 50 employees, they may be exempted from providing leave if the leave requirements would threaten the business’ survival. According to the DOL, “[a]ll employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19. Employees employed for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child under certain circumstances related to COVID-19.” California’s Department of Industrial Relations also offers state-specific resources regarding COVID-19 and paid sick leaves.

Know Your Rights

No employee should be forced to choose between keeping their jobs and staying healthy; likewise, employers who are struggling need the provisions afforded by the FFCRA. If you are a worker or employer seeking legal counsel for COVID-19 related labor issues, contact our experts at Hoffman & Forde. Our wage and hour attorneys will provide expert legal advice regarding wages, paid leaves, and relevant labor laws during the pandemic.    

Sources:

U.S. Department of Labor

California Department of Industrial Relations