Fighting for Workplace Justice

Fighting for Workplace Justice

San Francisco Wage and Hour Dispute Lawyer

If your employer hasn’t paid you for the time you worked, you may be eligible for a wage and hour dispute claim in San Francisco. If you have been terminated and believe that you are owed for that work, our team of wage and hour dispute lawyers can help. If you have wage losses totaling over $35,000, please call us immediately to schedule a consultation. Also, fill out our intake form so that we can identify the best possible way to serve you

At Brandon Banks Law, APC, our San Francisco employment lawyers understand that you are frustrated after not receiving fair payment in the workplace. It is your right to get paid for your work, and we will demand payment from unfair employers on your behalf.

Do I Need an Attorney for a Wage and Hour Dispute Claim?

After you have been terminated from a job, it can feel especially difficult to pursue a wage and hours claim against your previous employer. You may find that the regulations and laws surrounding wage and hour disputes are complex and employers can treat prior employees aggressively in these situations. These claims are not easy to handle on your own, which is why hiring a skilled and experienced attorney is a critical step as you move forward.

At Brandon Banks Law, we will work on your behalf to:

  • Gather and preserve important evidence in your case
  • Identify witnesses who can support what has happened to you
  • Begin negotiations with your employer on your behalf
  • Expedite the process so you can receive results more quickly
  • Argue your claim in trial, if necessary

What Are Common Types of Wage and Hour Violations in the San Francisco Workplace?

Employers sometimes violate federal laws that are meant to protect workers’ rights to get paid for their time. In taking advantage of these employees, employers will sometimes terminate an employee in a further effort to save money. There are many forms of wage and hour violations that workers experience every year in the workplace, including:

  • Failure to pay workers the wage they have earned
  • Failing to pay workers overtime or double time payments
  • Misclassifying employees as exempt or independent contractors
  • Failing to pay workers for commissions or bonuses they have earned
  • Failing to pay workers for work-related expenses
  • Forcing employees to work “off the clock” or through meal breaks

Employees are also protected from retaliation under California law. This means that, if you were fired because you filed a complaint regarding wage and hour violations, you have a solid claim. If you feel you are owed more than $35,000 in income losses, we can further assist you.

California Wage and Hour Dispute Laws

California’s Division of Labor Standards Enforcement (DLSE): The DLSE handles wage claims and investigates retaliation complaints in California by enforcing laws regarding unpaid wages. When you work with your attorney, DLSE will take a look at your documents to investigate your claim.

Fair Labor Standards Act (FLSA): FLSA covers minimum wage, overtime pay, and child labor protection laws. This nationwide law protects workers against unfair pay practices.

In September 2019, the U.S. Department of Labor (DOL) announced a new rule to make Americans eligible for overtime pay. This made updates to the FLSA and allows the following:

  • Raising the standard salary level to $25,568 per year for a full-year worker
  • Raising the compensation of “highly compensated employees” to $107,432 per year

How Do You File a Wage and Dispute Claim in San Francisco?

At Brandon Banks Law, we will help you file a wage and hour dispute claim. This includes helping you prepare documents that we will file with the California Department of Labor Standard Enforcement to make the process move more smoothly. These documents include the following:

  • Time records
  • Paystubs
  • Bounced checks from your employer
  • Notice to Employee from the start of your employment

You may be concerned about receiving wages and benefits that are owed to you, especially if you were terminated from your position. Our attorneys will support you and make sure that all wages are accounted for so that you can receive the payments and benefits that are owed to you.

What Damages Are Available in a Wage and Hour Dispute Claim?

Our employment attorneys at Brandon Banks Law will help give you an idea of what you can expect in your wage and hour dispute claim by taking a closer look at the circumstances of your case. We will determine the strength of your claim and also help you determine what damages could be owed to you, including:

  • Back Pay: If you were terminated and not paid fairly for wages and hours on the job, you can receive damages for back pay that is owed to you.
  • Front Pay: These damages cover earnings that you could lose in the future due to the loss of your job. If it takes you some time to find new work, you could receive front pay to cover you until your new job begins.
  • Loss of Benefits: You could receive damages for any lost benefits due to losing your job, such as your 401k plan or health insurance coverage.
  • Pain and Suffering: These damages cover the mental and emotional distress you experienced as a result of not receiving fair pay for the hours you worked, or caused by losing your job suddenly due to a termination.
  • Punitive Damages: Punitive damages punish a defendant for their negligent or egregious actions and deter other employers from these same actions. Though any amount can be chosen, the jury will come up with an appropriate number.

You also have the right to fight to be hired back into the position in which you applied. This includes any reinstatement or promotion that went along with this hiring.

Contact a San Francisco Employment Lawyer Today

Facing a wage and hour dispute can be a traumatic and confusing experience. You should never have to face a claim on your own after you have been terminated from a job and wonder how you will receive wages that are owed to you. At Brandon Banks Law, APC, our San Francisco wage and hour dispute lawyer will compassionately represent you and provide you with the resources that you need to successfully win your claim. If you are owed over $35,000 in wage losses, we would like to fight on your behalf to seek justice. Please contact us today or complete our Employment Intake Form so that we can best support you along the way.