With few exceptions, in California employers must pay overtime to employees working more than forty hours in one week or eight hours. Overtime must be paid even when the employee is paid a commission or by piece. In every wage and hour case the burden is on the employer to prove the law exempts them from paying overtime. Wage and hour litigation has skyrocketed over the past ten years. The number of wage and hour cases filed in federal court rose to 8,871 for the year ending Sept. 30, up from 1,935 in 2000. Attorneys with little or no experience with wage and hour law are opening litigation mills.
Call me at (408) 466-5845 for any questions concerning wages, overtime pay, minimum wages, rest breaks and meal period violations, salary sick leave and other pay issues.
We will take the following steps to resolve your claim:
- We will investigate your case.
- We will immediately obtain your personnel file
- With all the facts, we then file make a demand or fie a complaint in federal or superior court.
- If a complaint is filed, the discovery process starts, the parties will exchange written questions and requests for documents.
- Our staff will assist you in answering any written discovery propounded by the other side.
- As a part of the discovery process your deposition may be taken and you will be asked to give oral testimony.
- Once discovery is finished the court will order us to a mediation or settlement conference to attempt to resolve your case.T
- If the case can not be resolved, the court will either dismiss the action based upon a summary judgement or order the dispute to trial.
- A trial by jury or judge will take place and a decision rendered.
- If you win, the judgement must be entered into court and the collection process begins.
If your employer wants to fight you to the bitter end the entire process could take three years or longer. However in my experience most cases are resolved in one year.