Buena Park Wage and Hour Lawyer

Buena Park Wage and Hour Attorney

For hardworking individuals across Buena Park, California, wage and hour violations can easily disrupt their day-to-day lives. Buena Park is a sprawling and vibrant city populated by residents who work for many local employers. While these employers help boost our local economy, they may also fail to uphold certain laws, and a Buena Park wage and hour lawyer can help.

At Briana Kim, PC, we pride ourselves on being there for you when you realize your wage and hour rights have been violated. We can review your case and help determine your rights when it comes to pay in the workplace. As a proud Korean-American, Briana Kim, P.C., is here to fight for individuals of all backgrounds.

If you suspect your employer has committed a wage and hour violation against you and failed to pay you the compensation you are owed, contact our office.

Common Types of Wage and Hour Cases in Buena Park, California

Between 2022 and 2023, the state of California saw the largest rise in wage and hour violations at 56%. It was estimated that this affected between 960,000 to 1.5 million workers in the largest cities in the state. With these numbers as an example, it is no wonder that disputes of this nature are common in several Buena Park workplaces.

It is important to know the most common kinds of wage and hour disputes that can arise to better understand your rights as an employee in Buena Park, California. These cases typically include the following:

• Overtime claims. In Buena Park, whether you work at a store in a large shopping mall or for a small business in the downtown district, all non-exempt employees should receive time-and-a-half pay if they work more than 8 hours in a single day or more than 40 hours in a given workweek. When this work exceeds 12 hours in a single day, they are then entitled to receive double-time pay or twice their rate of pay.Compensation for overtime work isn’t simply a privilege in Buena Park; it is your right. If you believe you should be receiving overtime pay at your place of employment and your employer refuses to cooperate, the attorneys at Briana Kim, PC, are here to hold them accountable.
• Disputes of independent contractors or employee misclassification. In Buena Park, some businesses or employers will try to take advantage of their workforce by misclassifying their employees. This typically happens when employees are classified as independent contractors, even when doing the work of a regular, full-time employee. When this kind of misclassification takes place, workers can be prevented from receiving the following:
  • Overtime pay
  • Healthcare or retirement benefits
  • Unemployment insurance

  At Briana Kim, PC, we can help you review your terms of employment and the kind of work you are tasked with doing to help determine your correct employment status and ensure you receive the benefits you are due.

• Wage theft. One of the most common wage and hour violations in Buena Park is wage theft. In general terms, wage theft occurs when employees are “shortchanged” of the wages they are entitled to. Some of the most common acts of wage theft in California include:
  • Being paid less than minimum wage based on your jurisdiction/industry
  • Not being granted the ability to use your paid sick leave when it has already been accrued
  • Not being given wages that you and your employer previously agreed to, like commission or overtime
  • Failing to reimburse you for business expenses
  • Not allowing you to take timely and uninterrupted meal or rest breaks
  • Not paying you for a promised vacation
  • Failing to pay you a bonus that you and your employer previously agreed to
  • Granting a paycheck that ends up bouncing
  • Making deductions from your paycheck that have not been authorized

At Briana Kim, PC, an employment lawyer in Buena Park can investigate if you have suffered any kind of wage theft or overtime violation or have been misclassified so that your employer can sidestep their duties when it comes to your rightful pay.

We have the experience necessary to bring your case before a jury and are familiar with the Orange County Superior Court in Santa Ana, where these cases are often heard.

FAQs

How Can I File a Wage and Hour Claim in California?

In California, a wage and hour dispute will need to be filed through the Labor Commissioner’s Office. You will need to start the process by filing your official claim. Hiring an attorney can help ensure your claim is filled out correctly and that you supply the office with certain forms of documentation that can act as evidence.

What Are the Consequences for Wage Theft in California?

When an employer is found guilty of wage theft in California, there are several consequences they will have to face, many of which will cause them to suffer significant financial losses. When employers commit wage theft, they may be required to offer you back pay wages and other civil penalties if they are violating California minimum wage law.

Can I Recover Wages That I Was Denied Years Ago in California?

Yes, in California, you can seek to recover unpaid wages for a certain number of years. However, if this deadline ends before you file your official report or complaint, you will no longer be able to recover your wages. This is why it is important that you meet with an attorney as soon as you begin to suspect you are suffering from a wage and hour violation.

How Can an Attorney Help Me With a Minimum Wage Violation?

In Buena Park, when you work with an attentive attorney to help you sort out a minimum wage violation, they can help evaluate your claim and work to ensure that your case is valid. They can then help you file your official complaint, enter into any pre-filing negotiations with your employer, and take your case before an arbitrator or judge if such action is necessary.

Speak with the Wage Recovery Queen Today

If your employer is refusing to pay you your rightful wage, now is the time to contact the Wage Recovery Queen, Briana Kim, PC. Let our office fight for the compensation you deserve and ensure your employer holds up their end of the law. Call us to schedule a free consultation.