Legal Question in Employment Law in California
Employer refuses to pay unpaid overtime even after I mention the labor law to him. Owes me a couple thousand dollars.
He makes up a bullsh** excuse, saying that my overtime was "unauthorized". But I know california law says he has to pay overtime regardless if it was unauthorized or not.
in your collective experience, would the courts be favorable towards me and also award a big chunk for punitive damages against an employer who knowingly violates the law?
I would like to find an attorney whose fees I can pay out of punitive damage winnings. Or does the loser need to pay the other guy's attorney fees?
2 Answers from Attorneys
You are correct about the law, and you may well be owed back pay and statutory penalties (similar to, but not the same as, "punitive" damages). You should be able to find an attorney to take this on a contingency fee case, but the fees would be calculated against your entire award, not just the penalties.
I am a solo practitioner who partners with several other, larger law firms to bring class action law suits for wage and hour violations such as these. I have participated in class action settlements exceeding $10 million. How large is your company? Do you have coworkers who are similarly situated?
Please contact my office if you are interested in a further consultation.
You can file your claim with the Labor Commissioner without cost, and can have an attorney represent you, and if you win your case after the employer forces it all the way to trial, then you may obtain a judgment requiring the company to pay all the fees you have spent on your attorney. If serious about pursuing this, feel free to contact me.
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