Can I still file a wage and hour claim in Burbank if my employer is now out of business?
Yes, you can still pursue a wage and hour claim in Burbank even if your former employer has closed its doors. California law provides mechanisms to recover unpaid wages, even from a dissolved business or its principals, depending on the specific circumstances of its closure and your claim.
It is important to act quickly because these claims are subject to strict deadlines, and assets of a business can be harder to locate and recover over time.
Where do I file a wage and hour lawsuit in Los Angeles County?
Wage and hour lawsuits originating in Burbank are generally filed in the Superior Court of California, County of Los Angeles. Under Los Angeles Superior Court Local Rule 2.3 and the General Order effective May 17, 2024, these cases are assigned to the Personal Injury Hub department within the North Central District.
The appropriate courthouse for a claim from Burbank is the Burbank Courthouse, located at 300 E Olive Ave, Burbank, CA 91502.
How long do I have to file a wage and hour claim?
Most wage and hour claims in California must be filed within a specific timeframe, which can vary depending on the type of claim. For many claims related to personal injury, such as wrongful termination with an injury component, you generally have two years (Cal. Code Civ. Proc. § 335.1).
However, if your claim involves a public entity in Burbank, like a city department or a school district, a written claim must be presented within six months (Cal. Gov. Code § 911.2) before you can file a lawsuit. Deadlines can have exceptions, and you should always confirm what applies to your specific situation with an attorney.
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352), but that pause does not apply to claims against public entities under the Government Claims Act (Cal. Code Civ. Proc. § 352(b)).
California law allows recovery for a wide range of harms, including lost wages, unpaid overtime, penalties, and, in some cases, emotional distress.
What should I do after experiencing a wage and hour violation?
- Document everything: Keep detailed records of your work hours, pay stubs, employment contracts, emails, and any communication with your employer regarding your pay or work conditions.
- Review your rights: Familiarize yourself with California's wage and hour laws. Information on topics like minimum wage, overtime, and meal breaks is available on the Department of Industrial Relations website.
- Seek legal advice: Contact a California employment attorney focusing on wage and hour law. An attorney can evaluate your situation, explain your options, and help you decide on the best course of action.
- Avoid retaliation: Do not confront your employer or take any action that could be perceived as insubordination. California law protects employees who report wage and hour violations from retaliation.
- Consider filing a claim: If your employer refuses to correct the violation, an attorney can help you file a claim with the California Labor Commissioner or pursue a lawsuit in civil court.
What types of wage and hour cases do you handle for Burbank employees?
Our law firm represents employees in Burbank who have experienced various wage and hour violations. These cases include situations where employers fail to pay minimum wage or overtime, deny proper meal and rest breaks, or misclassify employees as independent contractors to avoid paying benefits and wages.
We also handle claims involving unpaid commissions or bonuses, illegal deductions from paychecks, and employers who do not provide accurate wage statements. If your employer has violated California's wage and hour laws, such as those related to required daily or weekly overtime under California Labor Code sections 510 and 1198, we can help.
Additionally, we assist employees in recovering unpaid wages and penalties when employers fail to pay all wages due upon termination, as required by California Labor Code sections 201 and 203. For more information about employee rights, you can visit our employment law hub.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles starts with a confidential conversation about your employment situation. We listen to your story, review any documentation you have, and help you understand your legal rights and options under California law.
We then build your case, which may involve gathering additional evidence, communicating with your employer or their legal counsel, and preparing for negotiations or litigation. Our goal is to recover the full compensation available under California law for your unpaid wages, penalties, and other damages.
Our firm focuses on personal injury and employment law, assisting employees in Burbank and neighboring communities like Downey or Fountain Valley. We handle the legal complexities so you can focus on your recovery and future.
Frequently Asked Questions
What is the minimum wage in Burbank, California?
The minimum wage in Burbank is determined by the State of California, as the City of Burbank does not have its own specific minimum wage ordinance. You should check the current state minimum wage to ensure your employer is complying with the law.
Can my employer require me to work off the clock in Burbank?
No, your employer cannot require you to work off the clock in Burbank or anywhere else in California. All hours worked, including time spent preparing for work, attending mandatory meetings, or performing tasks after your shift, must be compensated according to California Labor Code sections 204 and 1194.
What if my employer misclassified me as an independent contractor in Los Angeles County?
If your employer in Los Angeles County misclassified you as an independent contractor, you may be entitled to unpaid wages, overtime, meal and rest break penalties, and other benefits that employees receive. California law, particularly the "ABC test" from the Dynamex decision, sets strict rules for independent contractor classification.
Do I have to pay attorney's fees upfront for a wage and hour claim?
No, Casa Legal Los Angeles handles wage and hour claims on a contingency fee basis. This means you pay no attorney's fees unless we win your case. Our firm also covers case costs if there is no recovery.
If you're a worker in Burbank and believe your wage and hour rights have been violated, call Casa Legal Los Angeles today at 888-585-2529 for a confidential discussion. No attorney's fees unless we win — and no case costs either.