What happens if your Santa Monica employer isn't paying you correctly?
If your employer in Santa Monica isn't following wage and hour laws, you might be missing pay you earned. California law provides ways to recover unpaid wages, overtime, meal and rest break penalties, and other compensation.
You can pursue a claim against your employer to get the money you are owed. This process often involves understanding detailed state and federal regulations that govern how and when employers must pay their staff.
What kinds of wage and hour problems can happen in Santa Monica workplaces?
Many types of wage and hour violations affect Santa Monica workers. Employers sometimes fail to pay minimum wage or don't calculate overtime correctly.
Other common issues include denying required meal and rest breaks, misclassifying employees as independent contractors, or not reimbursing business expenses. Sometimes employers make illegal deductions from paychecks, or they fail to pay all final wages at termination. You might be experiencing one of these issues, or something similar. We focus on wage and hour law across California.
Where do you file a wage and hour lawsuit in Santa Monica?
A wage and hour lawsuit for an incident in Santa Monica generally gets filed in the Superior Court of California, County of Los Angeles. The proper location is the Santa Monica Courthouse, located at 1725 Main St, Santa Monica, CA 90401.
In Los Angeles County, personal injury cases are filed in the judicial district where the incident occurred and assigned to that district's Personal Injury Hub department, as per LASC Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases, effective May 17, 2024. Wage and hour cases follow similar jurisdictional rules for local filing.
How long do you have to file a wage and hour claim?
Most California wage and hour claims must be filed within specific time limits, which vary depending on the type of claim. For example, claims for unpaid wages typically have a three-year deadline under Cal. Code Civ. Proc. § 338.
Claims for minimum wage and overtime violations may extend to four years under the unfair competition law (Bus. & Prof. Code § 17200). If your claim involves a public entity, you must present a written claim to that entity within six months (Cal. Gov. Code § 911.2) before you can file a lawsuit.
These deadlines have exceptions. The deadline is generally paused while an injured person is a minor (CCP § 352), but that pause does not apply to claims against public entities under the Government Claims Act.
You can seek recovery for unpaid wages, overtime, meal and rest break penalties, and other statutory penalties. If you were fired or retaliated against for reporting wage violations, you might also have a retaliation claim.
What should you do if you think your Santa Monica employer owes you money?
- Gather your records. Collect pay stubs, timecards, employment contracts, emails, and any other documents related to your employment and pay.
- Document the issues. Keep a detailed log of dates, times, and specific instances when you believe wage violations occurred.
- Do not retaliate or quit impulsively. California law protects employees who report wage violations. If your employer retaliates against you for asserting your rights, that could be a separate claim. Our firm also handles employee rights cases.
- Consult with an attorney. An attorney can help you understand your rights and the deadlines for filing a claim. Deadlines have exceptions and you should confirm them with an attorney for your own facts.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we investigate your employment situation thoroughly. We gather evidence, analyze your pay history, and determine the full extent of wages and penalties you are owed.
We handle all communications with your employer and their legal team. Our goal is to recover the full compensation available under California law for your unpaid wages and other damages.
We work on a contingency basis for wage and hour cases. This means you pay no attorney's fees unless we win — and no case costs either.
Frequently Asked Questions
What is "off-the-clock" work?
Off-the-clock work means an employer requires or permits an employee to perform tasks before clocking in, after clocking out, or during unpaid breaks. All time an employee spends working, even if it's just a few minutes, must be paid.
Can an employer deduct money from my paycheck for shortages or damage?
Generally, no. California law prohibits employers from deducting money from an employee's paycheck for cash shortages, breakage, or equipment damage unless the loss is caused by the employee's dishonest or grossly negligent act. Ordinary business losses are the employer's responsibility.
What if my employer misclassified me as an independent contractor in Santa Monica?
Misclassification as an independent contractor is a common wage violation. If you are actually an employee under California law, you are entitled to minimum wage, overtime, meal and rest breaks, and other benefits, even if your employer calls you a contractor. Our attorneys assist workers in Santa Monica and beyond, including those in executive and professional employment roles.
What is the deadline to file a claim for unpaid wages in California?
The deadline to file a claim for unpaid wages in California can vary. Generally, you have three years to recover unpaid wages (Cal. Code Civ. Proc. § 338), and four years for claims under the unfair competition law. Claims against a public entity have a much shorter six-month deadline to present a claim (Cal. Gov. Code § 911.2).
If you have questions about your pay or believe your employer has violated wage and hour laws, call Casa Legal Los Angeles at 888-585-2529. This is general information, not legal advice, and creates no attorney-client relationship. Deadlines have exceptions and must be confirmed with an attorney for your own facts.