Legal Question in Employment Law in California
Fact Scenario: Employee is engaged in an hourly wage job. Employer, WITHOUT notifying the employee, clocks the employee out early. So, the employee is effectively duped into working additional time off the clock.
What actions can be successfully taken against the employer? (Breach of contract? Labor law violation? Criminal charges (perhaps due to fraudulent lack of notification to the employee)?
3 Answers from Attorneys
This is a violation of both federal and state labor laws, and the employee may be entitled to back pay and statutory penalties.
Further, assuming this is an ongoing practice (not a one time incident) and that it is being done to more than one employee, there may be grounds for a class action law suit on behalf of all of the affected employees, to assert their collective rights.
My office handles such law suits. Please contact me for a no-cost, no obligation consultation.
You can file a claim with the Labor Commissioner for unpaid wages and OT as provable, with interest and penalties. If the employer contests the claim, you can hire an attorney to represent you. If you win, you are entitle to attorney fees. If other employees suffer the same problem, they should join together with one attorney. If serious about doing so, feel free to contact me.
Your employer is violating several laws, not to mention defrauding the government out of payroll taxes. This is a serious matter and I would be happy to consult with you at no cost. My direct number is 805-886-4515.
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