The Fair Labor Standards Act (or FLSA) sets all labor regulations and standards that apply to every employer in the United States under federal law. The FLSA establishes the rules that must be followed by all employers regardless of field or industry, the most important being the federal minimum wage. Some states, like California, may implement additional laws, statutes, and procedures that must be adhered to by employers doing business in their respective states.
As part of the state Labor Code of California, the FLSA establishes a protocol through which an employee who believes his or her rights have been violated may file a claim against their employer. But always be careful about knowing when and, better yet, under which authority to file your claim. This is where having the right attorney can make all the difference. For the state of California, filing a claim under California Labor Code is far more advantageous than doing so under the Fair Labor Standards Act because in many cases the state law offers far greater protections than the federal law.
For instance, the state of California has provided employees with a minimum wage that is higher than what has been mandated by law under the FLSA. Furthermore, the California Labor Laws extend more overtime rights to workers than what is mandated in the federal statutes. Therefore, any California employees who feel as if their rights have been violated should pursue a claim through the California Division of Labor Standards Enforcement, the authority that is tasked with enforcing the state’s labor laws.
When you attempt to file a claim with the Division Of Labor Standards Enforcement you are working with an enforcement body that has the ability to investigate your claim and hold hearings based on the complaints named in the claim regarding any violation of the labor law. Once these processes are complete, the DLSE will render a decision on the matter if that claim falls within the Division’s specific jurisdiction.
But while dealing with the DLSE can be more beneficial for filing a claim, you should always do so with the right legal team on your side. Even if you are familiar with the labor laws and the various provisions and protections extended to you under both federal and state laws, you should always have a good unpaid wages attorney assist you in filing your claim. That way you can rest assured that every aspect of the claim is handled properly and accurately, so you can receive all of the compensation you are owed by your employer.
If you believe your employer is withholding monies you are owed, either erroneously or on purpose, you need to seek out professional legal assistance from the Sassooness Law Group. Our team of expert attorneys have ample experience in litigating and winning wage and hour cases for Los Angeles-based employees. Regardless of whether you are employed part-time or full-time, you are entitled to the compensation provided to you under California state law.
If your rights are being violated in any way, contact the Sassooness Law Group today and get the compensation you have coming to you. The longer you wait, the harder it can be to file your claim and protect your rights. An unscrupulous employer is counting on an employee to delay or even neglect filing a claim. Don’t get shortchanged for the work you’re doing.