What happens if your employer in Commerce doesn't pay you what you earned?
If your employer in Commerce fails to pay you for all hours worked, minimum wage, or overtime, you have rights under California law. You can file a claim to recover your unpaid wages and other damages.
California law protects workers from many kinds of wage theft, including unpaid breaks, unreimbursed expenses, and misclassification as an independent contractor.
What kinds of wage and hour cases do we handle?
Our law firm helps employees in Commerce with various wage and hour issues. We represent individuals who have been denied proper pay for their work.
This includes claims for unpaid minimum wage, unpaid overtime, missed meal and rest breaks, and unreimbursed business expenses. We also handle cases where employees are misclassified as independent contractors to avoid paying benefits and overtime, or when final paychecks are delayed or incorrect.
Working with an attorney can help you understand your options and pursue the compensation available under California law. If you are experiencing similar issues in a neighboring city like Downey, our team can assist there too.
Where do you file a wage claim from Commerce?
Wage claims in Los Angeles County are generally filed in the Superior Court of California, County of Los Angeles. For residents of Commerce, the appropriate courthouse is often the Stanley Mosk Courthouse, located at 111 N Hill St, Los Angeles, CA 90012.
In Los Angeles County, local rules dictate that a personal injury case is filed in the judicial district where the incident occurred and is then assigned to that district's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024). While this rule specifically mentions personal injury cases, wage and hour claims also follow county-wide filing procedures, which often centralize filings.
An attorney confirms the correct filing location based on the specific facts of your case and your employer's location.
How long do you have to file a wage and hour claim?
Most California claims for unpaid wages must be filed within two years (Code of Civil Procedure § 335.1), but this can vary depending on the specific type of claim. For instance, some claims for unpaid wages may have a three-year or even four-year deadline under different statutes. You can recover for a range of losses including the unpaid wages themselves, interest, and sometimes penalties.
A claim against a city, county, or public agency must be presented within six months (Government Code § 911.2) before a lawsuit can be filed. The deadline is generally paused while an injured person is a minor (Code of Civil Procedure § 352), but Code of Civil Procedure § 352(b) removes that pause for claims against public entities under the Government Claims Act.
These deadlines can be complex, and exceptions exist. Confirming the specific deadline that applies to your situation with an attorney is critical.
What steps should you take if your employer is not paying you correctly?
-
Document everything: Keep detailed records of your work hours, pay stubs, emails, and any communication about your pay. Note the dates and times you worked, and any specific instances of missed breaks or unpaid time.
-
Review your paychecks and statements: Carefully check your pay stubs for accuracy. Compare your recorded hours against what you were paid for. Look for deductions you don't understand.
-
Understand your rights: Learn about minimum wage, overtime laws, and break requirements in California. Resources are available from the Department of Labor Standards Enforcement (DLSE).
-
Contact an attorney: Speak with a lawyer who handles wage and hour cases. They can evaluate your situation, explain your options, and help you pursue a claim. This is particularly important for issues like retaliation, where quick action can protect your job.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, you get a team focused on protecting your rights as an employee in Commerce. We listen to your story and explain the laws that apply to your situation without complicated legal jargon.
Our firm investigates your wage and hour claims, gathers evidence, and calculates the full amount of unpaid wages and penalties you may be owed. We communicate with your employer or their legal team, aiming for a fair resolution. If your case needs to go to court, we represent you throughout the legal process.
We work on a contingency fee basis: No attorney's fees unless we win — and no case costs either. This arrangement allows you to pursue justice without upfront financial burden.
Frequently Asked Questions
What is "wage theft"?
Wage theft happens when employers do not pay employees what they are legally owed. This includes failing to pay minimum wage or overtime, not allowing meal or rest breaks, deducting illegal amounts from paychecks, or failing to pay the final paycheck on time.
Can my employer fire me for complaining about unpaid wages?
No, California law protects employees who complain about wage violations. Firing, demoting, or otherwise punishing an employee for exercising their rights regarding pay is illegal retaliation. If you face such action in Commerce, you might have a separate legal claim.
How do I know if I'm correctly classified as an independent contractor?
California uses strict tests, like the ABC test, to determine if a worker is an employee or an independent contractor. Many workers are misclassified to avoid paying benefits, taxes, and overtime. An attorney can review your work arrangement and advise if your classification is correct, a common issue for workers across Los Angeles, including employee rights in Commerce.
How much will it cost to hire an attorney for my wage claim?
Our firm handles wage and hour cases on a contingency fee basis. This means you do not pay any attorney's fees unless we successfully recover compensation for you. We also absorb the case costs, so there are no upfront expenses for you.
If your employer in Commerce has not paid you correctly, reach out to Casa Legal Los Angeles today. Call us at 888-585-2529 for a consultation about your situation. We are here to help you get the pay you deserve.