Is your employer frustrating your efforts to recover unpaid wages? If so, there’s a legal solution to such disputes. California labor laws prevent employers from unlawfully failing to pay employees’ wages and other benefits.
As an employee in the state of California, you have the following options to recover your wages:
To initiate the Berman Hearing process, you should report the wage violation to the Labor Commissioner’s Office. This can be accomplished either online or in person.
When filing the claim, you will need to provide as much information as possible. This is important because you, as the plaintiff, bear the burden of producing sufficient evidence to establish a wage violation occurred. The Labor Commissioner’s office will set up a conference between you and the employer to find a resolution. However, if there’s no resolution, the Labor Commissioner’s Office will set up a hearing to decide on the issue. Unfortunately, the Labor Commissioner’s Office is a bit backed up at the moment. You can expect a minimum of a year to wait for a hearing date, all the way up to several years.
The law requires employers to keep accurate time and payroll records for all of their employees. The law also requires your employer to give you an itemized statement every time you receive your wage.
You should also keep your time records; these documents come in handy as they help the labor commissioner better understand your claim.
Below are examples of supporting documents to include. Please note that the exact list of documents needed will depend on the specifics of your case.
Other crucial information you may need to disclose includes whether you work irregular hours and if you are pursuing an unpaid commission. You can also seek compensation for a business expense the employer failed to reimburse or anything along those lines.
It’s important to prepare well in advance because the court only uses the information you present during the hearing. For this reason, it’s always advisable to hire an experienced California employment law attorney to review your documents before the hearing.
If you are participating in a Berman Hearing, then you owe it to yourself to have a skilled and knowledgeable advocate on your side who understands the nuances of California employment law. This is why it makes sense to contact Melody Rissell Leonard with The Rissell Law Firm of San Francisco. Melody founded the Rissell Law Firm with a focus on core principles – providing quality service and advice to clients. Contact Melody today to schedule a complimentary and confidential case review.