What is a Pasadena wage and hour claim actually worth to me?
A wage and hour claim in Pasadena restores money taken from you by an employer's illegal pay practices. This might mean unpaid minimum wage, overtime hours not compensated, or missed meal and rest breaks. The worth of your claim depends on the specific wages you are owed, including any penalties and interest that California law allows.
The goal is to get back the pay you earned, plus any additional compensation for the harm caused by your employer's actions.
What kinds of wage and hour cases does this cover here?
Wage and hour law protects Pasadena workers from employers who do not follow California's strict pay rules. This covers a range of issues, such as failing to pay the minimum wage, refusing to pay proper overtime wages for hours worked beyond 40 in a week or eight in a day, or misclassifying employees as independent contractors to avoid paying benefits and taxes.
It also includes cases where employers deny required meal and rest breaks, do not reimburse business expenses, or fail to pay all final wages promptly upon termination. Wage and hour laws are designed to ensure fair compensation and working conditions for employees in Los Angeles County.
Where does a Pasadena wage and hour claim get filed?
A wage and hour claim arising from an incident in Pasadena is generally filed in the Superior Court of California, County of Los Angeles, Pasadena Courthouse. The Pasadena Courthouse is located at 300 E Walnut St, Pasadena, CA 91101. In Los Angeles County, a case like this is filed in the judicial district where the incident occurred. It is then assigned to that district's Personal Injury Hub department, according to LASC Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases, effective May 17, 2024.
Some wage and hour claims can also be filed with the California Labor Commissioner, which has different procedures and timelines. Deciding the best place to file depends on the specifics of your situation.
How long do you have to file a wage and hour claim?
Most California wage and hour claims must be filed within two years (Cal. Code Civ. Proc. § 335.1), but some wage claims, such as those for unpaid overtime or minimum wage, can have a longer deadline of up to four years under California's Unfair Competition Law (Bus. & Prof. Code § 17200). If your claim involves a public entity, like the city of Pasadena or another government agency, a written claim must be presented to that entity within six months (Cal. Gov. Code § 911.2). This six-month deadline applies before a lawsuit can be filed.
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352, but Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act. Deadlines have exceptions and must be confirmed with an attorney for your own facts.
What steps should you take next?
- Gather Your Records: Collect all documents related to your employment, including pay stubs, employment contracts, emails, text messages, and any records of hours worked or breaks taken.
- Document Your Concerns: Write down a detailed account of the wage and hour violations you experienced, including dates, times, and any conversations you had with your employer or supervisors.
- Do Not Confront Your Employer (Yet): Avoid discussing legal action with your employer without legal advice, as this could unintentionally harm your claim.
- Consult with an Attorney: Reach out to an attorney who focuses on wage and hour law. They can review your situation and explain your options. For help with your claim, you can call us at 888-585-2529.
- Understand Your Rights: Learn about California's specific wage and hour laws that protect employees. Resources for understanding your employee rights are available.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we start by listening to your experience to understand the full scope of your wage and hour issues. We then investigate your claim, collecting necessary evidence and identifying the specific laws your employer may have violated. We communicate with your employer or their legal team on your behalf, advocating for the full compensation you are due under California law.
Our focus is on protecting Pasadena workers from illegal employment practices. Our team handles a wide range of employment matters, including claims of retaliation and whistleblowing and issues related to leave and accommodations.
Frequently Asked Questions
How does misclassification as an independent contractor affect my claim?
If your employer misclassified you as an independent contractor when you should have been an employee, you may be entitled to recover unpaid wages, overtime, meal and rest break penalties, and reimbursement for business expenses. California law sets strict rules for who can be classified as an independent contractor, and many employers improperly use this classification to avoid paying legal wages and benefits.
Can my employer fire me for filing a wage and hour claim?
No, California law protects employees from retaliation for exercising their legal rights, including filing a wage and hour claim. If your employer takes adverse action against you, such as firing you, reducing your hours, or demoting you, because you pursued a claim, that could be a separate claim for retaliation.
What if I don't have perfect records of my hours worked?
Even if you don't have perfect records, you may still have a strong wage and hour claim. California law often places the burden on the employer to maintain accurate time records. If they failed to do so, a court may allow you to estimate your hours, and the employer might have to disprove your estimate. Evidence like testimony from co-workers or other circumstantial proof can support your claim.
Are wage and hour claims always filed in court?
No, wage and hour claims are not always filed in court. Depending on the specifics of your claim and the amount of money involved, you might choose to file a claim with the California Labor Commissioner. The Labor Commissioner's office provides an administrative process that can sometimes be quicker and less formal than a court lawsuit. An attorney can help you decide which path is best for your situation.
If you believe your employer has violated your rights regarding wages, hours, or breaks in Pasadena, contact Casa Legal Los Angeles. Call us today at 888-585-2529 to discuss your situation. No attorney's fees unless we win — and no case costs either.