714-210-8000
Representing Employees Since 1993
When an employee is not paid their due wages, either because of a mistake or because their employer is wrongfully withholding wages, the resulting legal situation can be very stressful and confusing. This is especially true when the employee does not hire a competent Orange County employment attorney to fight for their rights and obtain compensation for their losses. If your employer is not paying you the wages you are supposed to be receiving, don’t hesitate to hire an experienced Orange County labor lawyer.
Although some wage claims for unpaid overtime or meal breaks can be handled by the Labor Commission, it is unlikely that your overtime or meal break claim will resolve there. if it does not, you may prejudice your rights by filling out paperwork at the Labor Commission that does not accurately reflect your working hours, or the extent of your labor claim. In addition, it is unlikely that all penalties and interest on your wage claim will be recovered by the Labor Commission through settlement of adjudication of your overtime or meal break case. An experienced Orange County Labor attorney is much more able to assist you in obtaining proper compensation on your overtime or meal break claim. If you have a dispute about unpaid commissions, that is likely to be beyond the capacity of the Labor Commission. The same is true for complicated prevailing wages cases or a case in which you were paid less that you were supposed to be paid.
The first step to take in a wage and hour claim before an administrative agency is to complete the Initial Report of Claim form through the Division of Labor Standards Enforcement (DLSE). It would be wise to do so with the counsel of an employment lawyer. After submitting the form, your claim will be reviewed by a Deputy Labor Commissioner who will decide whether or not a conference should be held. If they decide in the affirmative, a Notice of Claim Filed and Conference will be mailed to you with the time, date and location of your conference.
At this informal meeting, you and your employer will speak with the deputy about the claim in order to determine whether there are legal grounds to continue and if the issue can be resolved outside of court. If not, a hearing will be scheduled and a Notice of Hearing sent to both parties with a time, date and location. At the hearing, the employee must be represented by an attorney with the skill and knowledge to prove that their rights have been violated and that compensation should be paid to the employee for the damages suffered.
If you have a labor attorney, depending on the nature of your claim to unpaid wages, your labor lawyer may or may not choose to file your claim for wages with the Labor Commissioner. An experienced Orange County labor lawyer knows which wage claims must be filed before an administrative agency and which do not have to be. Filing an administrative claim with the Labor Commission is a waste of time if it isn’t required and you have an Orange County labor lawyer to obtain your unpaid wages. If you are owed significant unpaid wages, minimum wage, overtime, prevailing wages or meal or rest breaks, you will probably receive better compensation and results in your wage dispute than the Labor Board could obtain for you with or without a labor lawyer.
$18,402,868 Jury verdict for male visually harassed and subject to crude comments by a female manager
$1,150,000 Unpaid commissions of two plaintiffs
$875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
$800,000 Controlled stand by class action settlement
$800,000 For mis-classified independent contractors
$775,000 For small class action of employees not allowed meal breaks or cell phone reimbursements while caring for dependent adults
$750,000 Disability discrimination settlement for employee who had heart problems
$750,000 Sub-Minimum wage class action settlement
$675,000 Sexual harassment in a warehouse
$672,500 For sexual harassment at a truck stop
$539,584 Myles v. Wellpoint Termination of Employment Due to Disability and Workers Compensation Injury
$510,000 Class action settlement of 125 workers on overtime claims
$500,000 Unpaid days of work to 4 oil rig workers
$490,000 For sex and age discrimination of women
$465,000 Sexual harassment at a gas station
$460,000 Unpaid hours of work for security officers & PAGA Violations
$450,000 Settlement for 2 on-call workers
$450,000 Paystub violations
$450,000 Being on controlled standby
$430,000 Settlement in 2024 dollars for a Los Angeles warehouse worker forced to violate her medical restrictions imposed by pregnancy
$400,000 Recovery following arbitration win for 4 employees who worked off the clock
$400,000 Following arbitration win for meal & rest breaks for 3 employees
$400,000 Off-the-clock work for 5 employees
$365,000 Vasquez v. Del Rio Sanitarium Pregnancy Discrimination Case - Following Jury Trial & Appeal
$365,000 Sexual harassment of a delivery driver
$365,000 After defendant lost their appeal - pregnancy case - Jury Trial
$360,000 For missed meal and rest breaks, and overtime for 3 employees, and PAGA penalties for less than 25
$350,000 To 2 employees in vacation rental business working off-the-clock overtime
$350,000 Due to fixed bonus pay not figured into overtime for a directional driller
$350,000 For controlled standby and overtime for one employee
$350,000 Nurse mis-classified as independent contractor who was on-call
$350,000 For directional driller whose fixed rate bonuses were not calculated into his overtime rate
$350,000 For 2 employees in the vacation rental business who worked off-the-clock, on-call & PAGA
$350,000 For prevailing wage and paystub itemizations
$315,000 Sexual harassment of a lesbian woman by straight man
$315,000 Sexual harassment of a pizza delivery driver
$307,345 For 2 hospital employees oncall
$305,000 Wrongful termination of 2 sales people
$305,000 For 2 IT trouble shooters oncall at a major hospital
$302,000 Controlled standby pay for two telecommunication workers in a hospital
$300,000 Verdict of punitive damages in wrongful termination case due to employee's refusal to work without rest breaks
$300,000 Post trial verdict for wrongful termination settlement and minor rest break violations
$300,000 Multiple Worker Claims for Unpaid Wages for Oil Gauge and Calibration Inspectors on Docked Coastal Vessels
$275,000 Unpaid minimum wage, overtime double and double time due to on call work for two technicians at a radio/television station
$270,000 Sexual harassment & employment termination
$260,000 For controlled stand by pay
$260,000 For sexual harassment in a supermarket
$250,000 For 2 oil field service technicians not paid overtime
$250,000 For radiology technician on-call and small PAGA group
$250,000 For whistle-blower about unpaid overtime
$246,000 Breach of fiduciary duty arbitration award involving disability discrimination
$232,000 Male on male sexual harassment won at a binding arbitration
$225,000 Sexual Harassment of a Waitress (No Termination Involved)
$225,000 For two kitchen workers sexually harassed
$225,000 Sexual harassment by store customers
$206,151 Larson v. VXI Same Sex Sexual Harassment
$205,000 Unpaid wages, overtime, labor code section 2699 penalties- arbitration award for multiple plaintiffs
$205,000 For multiple plaintiffs
$200,000 For on-call work, retaliation, forced to quit security officer
$200,000 For prevailing wage and FMLA violations
$200,000 For PAGA violations and sexual harassment
$200,000 Race Discrimination towards Latinos
$200,000 Acts of sexual harassment by CEO
$200,000 For a worker fired due to medical issues & complaints of discrimination
$200,000 For a sales woman in her 60s, age discrimination
$195,000 For Whistle Blower
$193,500 Sexual Harassment by a registered sex offender
$193,250 Sexual harassment by a sex offender
$190,000 Sexual Harassment in the medical coding industry
$190,000 Sexual harassment without a job termination
$185,857 Jewish lawyer discriminated against due to religion
$185,000 For sexual harassment of a woman 35 years older than the harasser
$182,500 Fired during cancer treatment
$180,000 Cancer discrimination and termination due to recovery from cancer
$180,000 Controlled standby pay claims of oil field service employee
$180,000 Controlled standby pay
$175,000 Sexual harassment lawsuit
$175,000 PAGA settlement due to missed meal and rest breaks in a hotel’s kitchens
$175,000 Failure to pay minimum wage & overtime of 3 strip club workers
$175,000 Unpaid overtime of 2 limo drivers of a small company
$175,000 Minor issues of pregnancy discrimination in fast food restaurant, lack of rest breaks
$175,000 Wrongful Termination of Financial Whistleblower
$175,000 PAGA settlement resort staff who worked off-the-clock
$174,250 Missed meal and rest breaks
$170,000 Off the clock work by nonexempt administrator at non-profit
$166,250 Racial harassment at a big box store
$165,000 Wrongful termination and whistleblower
$165,000 For a car dealership manager denied baby bonding and CFRA Leave
$162,500 Failure to pay commissions, retaliation when went to Labor Board
$162,000 Sexual harassment at a home owner’s Association
$160,000 For 3 oil field employees denied meal breaks, worked off-the-clock
$160,000 Sexual harassment by managers of car lot
$160,000 Auto dealership sexual harassment by text message
$155,000 Whistle blower at construction site
$153,000 Camarillo woman demeaned due to her Christianity
$150,000 Sexual harassment to two kitchen workers at a resort
$150,000 Race harassment at an oil refinery
$150,000 Wrongful termination of social worker reporting patient abuse
$150,000 Mental disability & termination of CFO
$150,000 Cancer discrimination & wrongful termination of waitress
$150,000 Disability discrimination & termination
$150,000 Wrongful termination of C.N.A. in assisted living facility who blew whistle
$150,000 Job Termination of salesperson with cancer
$150,000 Settlement for failure to reinstate after maternity leave
$150,000 Cancer discrimination & termination of waitress Wrongful Termination of Site Manager
$150,000 Sexual harassment of an eight-teen year old restaurant worker
$150,000 Sexual harassment by a manager of an adult daycare program
$150,000 Job not held open during cancer treatment
$150,000 CNA complained about rats
$150,000 Forced to quit due to sexual harassment
$145,000 Settlement for an office manager whose Northridge employer would not allow her to take leave from work due to pregnancy
$140,000 Off-the-clock work, breach of contract to pay hourly wage to nurse
$140,000 Not Accommodated and Fired for Mental Disability Leave
$137,930 Robinson v. Mantra - Binding Arbitration Award in a Pregnancy Discriminations
$137,500 Failure to reinstate after FMLA
$135,000 Aerospace executive whistle blower
$130,000 Employee fired for refusing to falsify records in lawsuit
$127,500 Illegally required medical examination adversely affecting a disabled employee
$127,500 Wrongfully terminated driver who complained his truck was unsafe
$127,450 Improper inquiry about medical abilities
$125,450 Retail sales manager terminated after complaining about national origin harassment by coworker
$125,000 Minor sexual harassment
$125,000 Sexual harassment at a fast food restaurant
$125,000 Sexual harassment of a drug counselor
$125,000 Pregnancy discrimination case & wrongful termination -
$125,000 Wrongful termination
$125,000 Wrongful termination & minor labor code violations
$125,000 Breach of contract, unpaid wages in the web industry
$125,000 For employee who quit after being misclassified and not receiving overtime.
$125,000 Pregnancy discrimination & termination
$125,000 Non-payment of wages to CEO
$125,000 Age discrimination during layoff
$125,000 High tech employer stopped paying the agreed to sum
$120,000 Unpaid wages for tow truck drivers
$120,000 Sexually harassed maintenance supervisor by another male
$120,000 Insurance professional terminated for taking California Family Care Leave (FMLA)
$120,000 Racial Discrimination of a warehouse worker
$120,000 Male on male sexual harassment Unpaid wages, overtime, labor code section 2699 penalties- arbitration award of over
$120,000 For race discrimination
$117,702 Disability discrimination, FMLA, and termination of $10.00 an hour employee in binding arbitration
$117,500 Pregnancy discrimination & termination ($24,000 loss of earnings)
$115,616 Signal Hill Hindu made fun of due to his religion
$115,000 Pregnancy discrimination & termination of customer service employee
$115,000 Sexual harassment of car saleswoman minor unpaid commissions
$115,000 Sexual harassment of car saleswoman & minor unpaid commissions
$112,023 Wrongful termination of social worker during trial
$110,000 (minor lost wages) Cancer discrimination & employment termination
$109,500 Unpaid prevailing wages for 2 employees of a small company
$107,500 Wrongfully terminated security manager who let his subordinates know they had rights to meal breaks
$105,500 Sexual harassment of a lesbian aerospace worker by a man who wanted to turn her straight
$105,000 Overtime due computer professional
$105,000 Fired After Depression Leave
$103,145 Refusal to accommodate pregnant warehouse worker
$102,500 Family Care Leave Act violations & termination ($20,000 loss of earnings)
$102,500 Sexual harassment of a janitor
$102,500 Sexual harassment of a waitress (no termination involved)
$101,500 Sexual harassment of a janitor
$100,850 Sexual harassment by restaurant manager
$100,000 Termination of Mechanic’s Employment in Violation of California Family Rights Act (California FMLA)
$100,000 Wrongful termination of ambulance driver who blew the whistle
$100,000 Fired Due to Age of FMLA Leave
Orange County sure has grown up, and so have the employment problems there. Over the years we have handled all sorts of different Orange County employment lawsuits ranging from a class action for failure to pay minimum wage to hotels workers, an age discrimination trial, controlled standby in the vacation rental industry, and harassment. Contact us if you need help.
From a controlled standby pay deposition in Costa Mesa. Orange County sure has been built up. We've been around so long we can remember when there was a Fedco in Costa Mesa, and none of these big buildings were there. The Employment Lawyers Group represents employees all across California. In Orange County we have a Tustin office.
Fueling in the Mission Viejo area while on my way to meet eight plaintiffs for a potential rest break and cellular phone reimbursement class action in San Diego. If a large group of employees needs to meet on the weekend I will do it even if it's my only day off which Saturday sometimes is.
714-210-8000 FOR A SERIOUS CALIFORNIA AND ORANGE COUNTY WAGE AND HOUR LAWYER