If you are working in California, then you must know that your wage and hour rights are secure. There are various state and federal laws that protect your wage. If your employer doesn’t pay your wage partially or stop it as a whole, you can claim it in a court.
However, no law enforces itself unless there are people who complain and work for it. The government won’t know if your employer underpays you. It would help if you stood up and complained about it. To lodge a formal complaint, you need services of the best California labor lawyer.
The first step is to decide whether you are ready to claim for your wage and whether it is the only option left. A wage claim is a lengthy process in which you will need to prove your stance. You must have all the documents present with you that support your claim.
Many employees try to resolve things on their own. They try to settle things before filing a wage claim because it is pretty simple and direct. However, wage claims are also cheaper and don’t cost you much unless you hire an attorney for the appeal. However, to settle things on your own is a better option if you have less amount at stake.
Even when you have a larger amount at stake and the court decides to proceed with your claim, they will first organize a settlement conference. So, what is a settlement conference?
A settlement conference is an informal meeting. In this meeting, you, as an employee, will sit with your employer in front of a Deputy Labor Commissioner. This is neither a trial nor a formal hearing where you are expected to show your witness. However, in this informal meeting, the Commissioner will try to agree to both parties at a settlement and sort the issue outside the court.
Both parties will explain themselves to the Deputy and present their evidence if any. The Deputy will also look in the detail of matters and inform both parties how much time will it take in the court. He will offer his services to bring about a settlement to save the cost and time of both parties.
If the Deputy thinks that your claim is baseless, he can also dismiss the case without hearing. So, it would help if you prepared your case with full facts and figures before appearing. On the other hand, if both parties agree on a point, the Deputy will write a settlement agreement between both parties. You must know the terms in detail and ensure to take your right.
If you don’t agree with your employer at this conference, the Division of Labor Standards Enforcement will prepare a formal complaint. This complaint is a formal process and will serve as an official document. Now the DLSE is responsible for scheduling your complaint about a formal hearing. As per the law, the court is bound to start your hearing within 90 days of when the Commissioner filed your formal complaint.