Do You Know the 3 Methods to Get Your Boss To Pay Your Attorney When You File an Overtime Claim under California Overtime Pay Laws?
Lawyers are expensive. This is no secret. However, unbeknownst to many California Employees there are at least 3 ways to get your boss to pay your lawyer when claiming your California overtime pay. If you can spare 60 seconds to read this article, you will arm yourself with the knowledge to fight back and collect the overtime pay you have already earned! Here are the 3 ways to get your boss to pay for your attorney under California Overtime Law.
Method #1 Bill Your Boss for Your Overtime Pay and Charge Him for Your Attorney
A worker denied overtime pay and in the process of suing an employer may have many worries, but attorneys’ fees do not have to be one of them. Under California overtime law, non-exempt employees must receive a higher wage (1.5 times the normal wage) than they normally receive when they work more than 8 hours a day or more than 40 hours a week. If employers are in violation of the overtime law, employees can actually sue the employer for back pay. If the employee is successful in the California Labor Law Overtime lawsuit, he or she can collect unpaid overtime, interest, costs of the suit, and reasonable attorneys’ fees.
To do this, employees must initiate a suit for unpaid overtime within the statute of limitations set by California (usually three years). The case can be brought either in California’s Superior Court or with the state’s Labor Commissioner’s office. The Labor Commissioner is in charge of overseeing all worker-related issues, including all aspects of California overtime law. An employee can represent themselves in the case or can be represented by a lawyer at the Labor Commissioner’s hearing. To determine if you are entitled to overtime pay, be sure to talk to a qualified labor attorney.
Method #2 Find a Contingency Fee Attorney to Collect Your California Overtime Pay
Attorneys’ fees in an employee’s winning case are required by the overtime Law to be paid by the employer; many attorneys will take cases of this sort on a contingency basis. They don’t receive any money from the employee until the case is resolved in the employee’s favor and the employer is forced to make overtime pay. If an employee’s lawyer has taken the case on a contingency basis and the employee loses, the employee will not have to pay the attorneys. Working on a contingency basis can motivate an attorney to put extra effort into a case. Be sure to talk to an attorney and negotiate a contingency fee in advance of him taking the case.
The losing side in a California overtime law hearing may appeal the case to Superior Court. It can sometimes be better to start in Superior Court—if a case is appealed from the Labor Commission to the court and the court’s decision goes against the employee, the employee may be forced to pay the employer’s attorney fees. If the case is begun in Superior Court, the employee will not have to pay the employer’s attorney fees if the case is lost. In both cases, employers will be liable for employees’ Superior Court attorney fees if the employer loses the case. At the conclusion of litigation, the court will award the plaintiff (employee) attorneys’ fees from the defendant (the employer).
If the employee wins at court or in a Labor Commission hearing, the employer is responsible for reimbursing the winning employee’s attorneys’ fees. Fees for lawyers do not reduce the size of the employee’s settlement and are paid in addition to the cost of the determined settlement.
Method 3: Have Your Lawyer Send Your Employer a Written Demand
This demand will be advising him of not only your Overtime Pay, but also if you win, you will demand your Attorney Fees. This may inspire your employer to settle with you early versus facing litigation and payment of not only his attorney fees, but yours! To discuss this strategy, be sure to talk with a California Overtime Law attorney.
Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such as California Overtime law and Labor Attorney
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