How long do I have to file a wage and hour claim in Long Beach?
Most wage and hour claims in Long Beach have a three-year deadline under California Code of Civil Procedure § 338 for claims like unpaid wages or overtime. However, if your claim involves a written contract, the deadline extends to four years (CCP § 337). Claims for an employer's failure to provide itemized wage statements must be filed within one year (Labor Code § 226). Because different types of wage and hour violations have different deadlines, you must confirm the specific period for your situation.
Missing a deadline can mean you lose your right to pursue compensation, so prompt action is important. The law does not always allow for extensions, even if you just learned about the violation.
What kinds of wage and hour problems do we handle for Long Beach workers?
We help workers in Long Beach recover compensation for many kinds of wage and hour violations. This includes employers who refuse to pay minimum wage or overtime. It also covers employers who illegally deduct from your pay, fail to provide meal or rest breaks, or misclassify you as an independent contractor to avoid paying benefits and taxes.
Employers sometimes use complicated schemes to avoid paying what they owe. This can involve not paying for all hours worked, such as forcing employees to work off the clock or during unpaid breaks. Other common issues include denying commissions, bonuses, or final paychecks.
If your employer has retaliated against you for asserting your wage rights, we also handle those claims. For more details on protecting your rights after speaking up, you can review information on retaliation and whistleblowing in Long Beach.
We also assist with complex employment issues for professionals. This includes reviewing employment contracts or severance agreements, which is another area of our work for executive and professional employment issues in Long Beach.
What should I do if my employer has violated my wage and hour rights?
- Document everything. Keep records of your work hours, pay stubs, employment contracts, and any communication with your employer about pay issues. Even text messages or emails can be important evidence.
- Do not quit your job without advice. If you quit, it can affect your ability to recover certain types of damages, including unemployment benefits. Speak with an attorney first.
- Consult with a lawyer. A lawyer can evaluate your specific situation and determine what claims you may have and what deadlines apply. Deadlines for wage and hour claims vary significantly depending on the nature of the violation and must be confirmed for your own facts. You can explore more about your employee rights in Long Beach.
- Gather witness information. If coworkers have experienced similar wage violations, their testimony could support your claim. Document their names and contact information, if possible.
Where do I file a wage and hour lawsuit in Long Beach?
Wage and hour lawsuits for incidents in Long Beach are generally filed in the Superior Court of California, County of Los Angeles. For this area, cases are assigned to the Governor George Deukmejian Courthouse, located at 275 Magnolia Ave, Long Beach, CA 90802. In Los Angeles County, a wage and hour case is filed in the judicial district where the incident occurred and is 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).
If your employer is a public entity, such as the City of Long Beach or a public school district, you must first present a written claim to that entity within six months of the incident (Cal. Gov. Code § 911.2). This six-month deadline applies before you can file a lawsuit against them. This is different from the general two-year deadline for most personal injury and wrongful death claims (Cal. Code Civ. Proc. § 335.1), and wage and hour claims have their own specific rules. For example, a claim against a private employer for unpaid wages under a contract must be filed within four years (CCP § 337).
The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act.
What is it like to work with Casa Legal Los Angeles?
When you work with Casa Legal Los Angeles, you hire a team focused on recovering the full compensation available under California law for your wage and hour claim. We thoroughly investigate your claim, gather evidence, and handle all communications with your employer and their legal team. This allows you to focus on your work and personal life without the stress of a legal battle.
Our firm works on a contingency basis for wage and hour claims. This means you do not pay attorney's fees upfront. No attorney's fees unless we win — and no case costs either. We cover the costs of litigation, and if we do not secure a recovery for you, you owe us nothing.
We represent workers across Los Angeles County, including those in Downey and Glendora, ensuring that employees receive the wages they are owed. Our practice is concentrated in employment law, giving us a deep understanding of California's complex labor codes and legal precedents.
Frequently Asked Questions
What types of compensation can I recover in a wage and hour claim?
In a wage and hour claim, you can recover unpaid wages, such as minimum wage, overtime, or commissions. You may also be able to recover liquidated damages, interest, penalties for specific violations like late final paychecks, and attorney's fees and court costs. What can be recovered depends entirely on the specific facts of your case and the laws violated.
Do I need to have an attorney to file a wage and hour claim?
You do not legally need an attorney to file a wage and hour claim. However, wage and hour law is complicated, and employers often have legal teams dedicated to defending against such claims. An attorney can help identify all possible violations, calculate the full amount of damages you are owed, and navigate the legal process to protect your rights.
Can my employer fire me for filing a wage and hour claim?
California law prohibits employers from retaliating against employees who exercise their rights, including filing a wage and hour claim. If an employer fires, demotes, or otherwise punishes an employee for making a claim, that employee may have an additional claim for retaliation. This protection is found in various sections of the Labor Code.
How long does a wage and hour case usually take?
The time it takes to resolve a wage and hour case varies greatly depending on the complexity of the claim, the amount of evidence, and whether the employer agrees to negotiate. Some cases settle quickly through mediation, while others may proceed to litigation and take a year or more. For example, an unpaid wage claim under a written contract can generally be filed within four years of the violation (CCP § 337).
If you believe your wage and hour rights have been violated in Long Beach, contact Casa Legal Los Angeles today. Call 888-585-2529 for a consultation. We pursue the full compensation available under California law. No attorney's fees unless we win — and no case costs either. This information is general legal information, not legal advice, and creates no attorney-client relationship. Deadlines have exceptions and must be confirmed with an attorney for your own facts.