California Labor Law Violations Lawsuit: How to Know if You Qualify

By John Kristensen of Kristensen, LLP posted in Other on Friday, March 26, 2021.

California labor law violations aren’t limited to what is commonly found in the gig industry. On average, California employers make a lot of labor law violations, many of them silly and many of them the type that employers aren’t even aware of. This does not mean it’s fair to be the victim of a labor law violation, or that you should settle for a job and work environment in which you’re constantly victimized.

The trouble is knowing or figuring out if your situation qualifies as a labor law violation, and what you can do to rectify the situation, though we will recommend at the end of this blog giving us a call so that we can apply years of experience and successful litigation to get you the damages you’re owed. But before that, let’s take a look at what qualifies as a labor law violation so that you can get an idea of if you qualify.

Here is a list of labor law violations that California employers commonly violate:

• Misclassification of employees as independent contractors
• Failure to pay employees on time
• Failure to follow the rules on final paychecks
• Failure to fully relieve employees of duties while on break
• Failure to track or pay overtime hours/pay
• Retaliation against employees who challenge these violations
• Misclassification of employees as exempt employees

Other common labor law violations include non-payment of business expenses, failure to provide breaks and meal breaks, failure to provide itemized wage statements, failure to provide workers’ compensation, failure to reimburse pre-employment costs and more. 

It may come as a surprise (or not), but some California employers actually fail to pay the legal minimum wage. Some are even in violation of child labor laws! With labor law violations, it’s a slippery slope. If an employer violates and normalizes the violation of a single labor law, it’s likely that more violations will ensue. Don’t let yourself be a victim to that kind of work environment.

Windows to Report

In California, the Department of Industrial Relations states the following:

• Reports based on an oral agreement must be filed within two years from the date of the violation
• Reports based on a written agreement must be filed within four years from the date of the violation
• Reports in which a law or regulation creates a liability (such as minimum wage or overtime) must be filed within three years from the date of the violation

If you believe you have been the victim of a labor law violation in the State of California, time is of the essence. Don’t wait to call Kristensen Law. We have many years of experience and success with labor law litigation, and will help you receive the compensation that you’re legally owed!