Before becoming a writer, Janice spent her time reading a lot of educational books. From this hobby, she soon discovered her passion for writing and took up Journalism. She became a paralegal writer, and worked as an editor/columnist to a magazine specializing on government and business affairs. Later on, she evolves herself into a legal writer of a famous Los Angeles based law firm.
All workers and employees are protected by states and federal law. Minimum wage is one of the coverage of the said protection. If an employer does not abide to the required standard wage, an employee may file a complaint or lawsuit to recover the lost wages.
After filing the claim, the government authorities will do the following tasks:
• Meet with the employer- in this instance the representative will ask probing and intelligent question to ascertain the issues and reasons of the employer.
• Access the payroll records- here your claims will be properly validated. The records will show the amount the employer provides every month
• Talk with the employees- the moment wherein a representative will ask you question regarding the details he/she know from the conversation with the employee. If your claims are truthful or not depending on the evidence you provide.
• Assess any possible violations- here the representative will determine the other violation committed by both parties.
Penalties of the Offending Parties
The Department of Labor has the power to sanction and compensate the employer. This power will give them the authority to:
• Fine employers who do not comply with the law
• Prosecute non-complying employers
• Make erring employers pay attorney's fees
• Make employers pay "liquidated damages"
Every state has its own set of wage policies for the employees. Some states provided their own wage collection status that provides back wages, attorney’s feed and statutory damages.
Steps to take in obtaining a wage claim
1. Submit and file your claim to the labor commissioner's office – the Deputy labor commissioner will determine the circumstances of the claim based upon the information presented upon them. Three initial actions can be taken regarding the claim. They will refer you to either a conference or hearing or to dismissal of the claim.
2. Conference – the claim under this stage will be determine for validation. If the evidence is truthful and complete, the case is properly resolved. However, if the claim is not resolved at the conference, then the commissioner will refer the matter to a hearing. The case has also a probability of being dismiss because of the lack of evidence.
3. Decision – this is where the labor commissioner makes an order, decision, or award depending on the hearing result for both parties.
If the both parties appeal to the office of the commissioner, the court will set a trial date. Trial for both parties will give them the privilege to present witness and evidence to support them. An employee who cannot afford the service of an attorney in court proceeding will be represented by the DSLE.
In processing your minimum wage claim, it is an advantage to hire a lawyer with the specialization and skills to handle your case. The success of your claims lies in the hands of a competent lawyer who has great experience in the art of presenting complaints in court.
To help you with labor law violations or issues such as minimum wage claims, you can take our experienced Los Angeles attorneys services. For more information, simply log on to our website and avail of our free case evaluation.
- Related Articles
- Related Q&A
- Advantages of Hiring Minimum Wage Claim Attorneys
- Advantages of Hiring Minimum Wage Claim Attorneys
- How to Pursue a Minimum Wage Claim
- California’s Minimum Wage is $8.00/hr
- Exceptions, Claim and Lawsuits of the Minimum Wages Law
- Americans Continue To Get Short-Changed On Overtime - Florida Overtime Wage Information
- Buying a Franchise - Evaluating Franchise Investments and Franchise Disclosure Documents - Tips From a Franchise Expert and Franchise Attorney
- Searching for Los Angeles Employment Attorneys 101
Consequences of Social Security Number Identity Theft
By: Steve Cabouli | 28/12/2009A social security number, otherwise known as a social security account number, appears in the form of a nine-digit card that has been issued by the Social Security Administration to the US citizens and temporary and permanent residents. The Social Security Number is important for a variety of purposes, from government retirement’s record keeping and work identification purposes to Housing and Urban Development applications.
Social Security and the Impending Depletion of Funds
By: Shaneela Khan | 28/12/2009The debate about Social Security’s depleting fund has been going on for years. Recently, analysts have begun discussing possible solutions to ensure the availability of Social Security for future generations. The Social Security Administration’s 2005 trustees report predicted massive annual deficits starting by 2017. This means that by 2017, this Administration will be putting out more money than it’s collecting through taxes. What’s even more troubling is that there’s no definite plan of actio
Social Security Announces Changes in the Digestive System Listings Criteria
By: Shaneela Khan | 28/12/2009While making disability determinations, one of the steps Social Security goes through is to ask whether or not the claimant's condition “meets or equals a listing.” The Listings are a list of impairments that are considered severe enough to prevent a person from doing any gainful activity. Most of the listed impairments are permanent, very serious, or expected to result in death. The impairments are grouped together by the major body systems that they affect. So far, there are 14 categories of
The Pursuit of Social Security Benefits in A Culture of Denial
By: Shaneela Khan | 28/12/2009In the recent months, high denial rates among those applying for Social Security benefits has been the topic of immense concern. Investigations into denials of specific cases have caused some to call the Administration’s strategies a “culture of denial.”
Social Security’s New “Compassionate Allowances:” Are they Really Going to Speed up the Process?
By: Shaneela Khan | 28/12/2009This week, Michael Astru, the Commissioner of Social Security held hearings on a “Compassionate Allowances” program. The proposed program is aiming to get children and adults with serious, rare diseases on disability benefits much faster. This is quite a change, considering the Administration has been notorious for prolonged wait periods and strict guidelines on disability determinations. The December 2007 Compassionate Allowances hearings were the first of the public outreach hearings that the
Using Background Checks to Verify Resumes of Potential Employees
By: Andrew Bicknell | 27/12/2009For the small business owner, hiring manager or human resources personnel manager screening resumes of potential employees is a hard task when you consider the following statistics; studies have found that 75 percent of resumes have been falsified in some way and 89 percent are fully misleading in the information they provide.
Online Public Records Criminal Background Checks
By: Andrew Bicknell | 26/12/2009There are a number of reasons people choose to do a criminal background check by doing a public records search. In this day and age keeping your self, your family, and your business safe from undesirable people is very important. You can check on that new neighbor or look into the background of a potential new employee before you hire them only to find out they have a court record.
Identity Theft: Even Your Child Is Not Safe Any More
By: Douglas M. Parks | 26/12/2009Surprisingly, identity theft has begun to take a whole new turn with identity thieves not even sparing children. The new method being employed by identity thieves is to impersonate a child in order to gain financial rewards. Often, the perpetrator is a member of the family; or, it could be a complete stranger, egged on no doubt by the fact that it will take considerable time before such form of identity theft will be discovered.
Determining Fault in Auto Crash Accident With the Help From Lawyer
By: Janice Ticar | 11/08/2008 | Personal InjuryPersonal injury or wrongful death claim gives the plaintiff burden to show the defendants fault to establish a strong case. In determining liability, it is not simply enough to point an accusing finger to a defendant and make him answerable for your injuries and losses.
Scenarios That Requires the Help of La Vehicle Accidents Lawyer
By: Janice Ticar | 11/08/2008 | Personal InjuryCalifornia Car Accidents Law and DMV Codes gives right to individual in suing someone for presumption of negligence. The codes also allow individual to be represented by a lawyer to stand for his/her, and bring an injury claim and lawsuit for the recovery of damages.
Lawyers That Safeguards Your Rights Against Pedestrian Violators
By: Janice Ticar | 11/08/2008 | National, State, LocalIt is unrealistic to expect a pedestrian to be 100% safe all the time. After all, even careful drivers are not perfectly compatible with other moving vehicles around them. Hence, accidents of some sort are inevitable.
Understanding Issues in Escalator Accidents
By: Janice Ticar | 11/08/2008 | Personal InjuryThe scariest part in riding an escalator is stepping onto the moving steps, or stepping off at the end, but experts stated that it is more than that; you could be severely injured in escalator accidents.
How Can You Make a Brain Injury Claims a Success?
By: Janice Ticar | 11/08/2008 | Personal InjuryHow many times have you heard people talk about Brain Injury claims? If you are making claims, have you at some time, had a similar feeling?
Our Defender Against Defective Products
By: Janice Ticar | 11/08/2008 | Regulatory ComplianceConsumers have the right to inspect a product to ensure that it is safe and it meets its own standard of quality. Hence, investigating design and quality standards is our main duty against using a defective product. However, if an accident occurs as a result of using a defective product, you can consult a personal injury lawyer specializing in the issue to protect your rights.
Receiving Benefits With the Help of Social Retirement Benefits Lawyer
By: Janice Ticar | 09/08/2008 | National, State, LocalWorkers and employees are entitled to receive benefits under the social security retirement benefits program. Sadly, some social security retirement benefits are not enough to provide income to finance their daily expenses.
How to Pursue a Minimum Wage Claim
By: Janice Ticar | 09/08/2008 | National, State, LocalIn processing your minimum wage claim, it is an advantage to hire a lawyer with the specialization and skills to handle your case. The success of your claims lies in the hands of a competent lawyer who has great experience in the art of presenting complaints in court.