- Civil Lawsuit For Sexual Abuse
- Workers Compensation Law A Great Help
- Workers Compensation Fraud Overview
- Be Secure, Employment Attorney Services At Your Service
- What You Should Know, You Will Learn With Employment Attorney Services
- Advantages Of Having Business With Employment Attorney Services
- The Essentials Of Dealing With Employment Attorney Services
- Employment Attorney Services Fulfilling Your Needs
- Wrongful Termination How You Can Protect Your Rights As An Employer
- When Is A Wrongful Termination Claim Reasonable
- Preventing Sexual Harassment In The Workplace
- How To Know If Youre Eligible In Workers Compensation Coverage
- Workers Compensation Overview
- Dealing With Conflicts In The Workplace
- Handling Stress In The Workplace
- Motivating Employees
- Hiring New Employees A Guide For Employers
- Minimum Wage And Overtime Pay
- Employment Attorney
- Professional Employment Attorney
- Employment Law In California
- Situations Requiring The Services Of A Lawyer
- A Wage Claim Synopsis
- Advantages Of Hiring Minimum Wage Claim Attorneys
- Benefits Of Hiring Employees Compensation Claims Attorney
- Issues And Concerns Of A Labor Law Attorney
- Ideal Employee-Employer Relationship
- California Minimum Wage Law, Exemptions, Claim And Lawsuits
- Filing Termination Suits: Worthy Or Not?
- What An Ideal Collective Bargaining Agreement Must Contain
A Wage Claim Synopsis
When your employer does not give you the proper amount of wage, then he or she is in violation of the employment law. If you are a minimum wage earner and does not receive the minimum wage set by law, you may file a minimum wage claim against your employer.
At the federal level, the Fair Labor Standards Act (FLSA) order minimum wage and overtime pay standards. It is the Wage and Hour Division of the Employment Standards Administration (ESA), which oversees this act.
All employers are asked to comply with the federal or state law in providing at least the minimum wage. California enacts its own minimum wage law. In this state, every employer must pay each employee not less than eight dollars ($8.00) per every hour worked as of the 1st day of January 2008.
A minimum wage claim can be filed with the Division of Labor Standards Enforcement (DLSE, the office of the Labor Commissioner), or it can be heard in court, in order for an employee to recover for his lost wages.
Under the law, the Department of Labor will require the employer to compensate the worker for back pay. The department also has the power to:
- Make erring employers pay attorney's fees
- Prosecute non-complying employers
- Fine employers who do not comply with the law
- Make employers pay "liquidated damages"
When you are not paid properly, you may consider whether to continue working for your employer or to find another job. This is a critical decision. Of course, you would not want to work for someone who withholds your wage for the services you have rendered to him or her.
Perhaps there was just some delay regarding the payment. Your employer might have a valid reason or excuse in not giving you the right wage. However, if you have doubts that your employer would not change his/her wage payment habits, then you better think twice in staying in his/her employment.
It is important to speak with your employer before pursuing your claim. You must clarify with him or her first why there was such irregularity with your wage. You may settle the issue with your employer without going to court.
Otherwise, if you and your employer were not able to come to a settlement, your best option is to get the assistance of a minimum wage claim attorney. Attorneys who specialize in handling this particular type of case can provide you with substantial help.
There are several ways to bring up your claims against your employer. However, once you file an employment claim, you are no longer allowed to file in other agencies or court. In any case, it is highly advisable that you seek the aid of minimum wage claim attorneys who can impart their advices on whatever available legal options and how you can utilize them in pursuing your claim.
Do not delay filing your claims. Each state may impose its own statute of limitation, or conform to the federal law. Either way, these time limits are strict and may waive your rights in filing a claim.
