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My employer violated overtime and meal break under California law. What are labor code 201, 204, labor code 205 and labor 210?

Alhambra, CA |

I plan to seek a lawyer soon for my claims. I like to educate myself first before talking to one. Is there a web site I can check out what other violations/penalties I am entitle too for this claims. One of my co worker hired an attorney who is not in the employment field and it was a mistake. My co workers and I are still asking questions and soon we will decide how to proceed this before we hire an attorney or attorneys on our claims. I want to make sure when I am ready to claim, I ask the right questions and I know I am talking to a knowledgeable lawyer knowe his area of the law. We are all keeping our records and doing our research. Thank you.

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Attorney answers 4

Posted

Hello,

Instead of doing your own research and wondering whether your conclusions are correct, you are better off finding an experienced, reputable employment attorney specializing in wage/hour law, who is located in your area, and who can address your questions. Most claims are very similar and there aren't that many laws that apply to the typical overtime and unpaid wages issues, so finding an attorney who can guide you through shouldn't be very difficult.

Thanks,

Arkady Itkin

Asker

Posted

I appreciate your answer. My co workers and I are not that very smart. Actually, one of my former co worker hired an immigration lawyer for his labor claims. He advices us to get the right lawyer for the job and not let the lawyer rush us for settling and make sure whatever we are entitle should be included. Whatever it is.... There are five of us that agreed that we will all be filing together on our claims. We probably asked the same questions and got some lawyers annoyed. We are sorry for that. I will advice my friends just to surf and checkout other websites for answers. It is kind of frustrating when we asked a simple question about certain labor law but because of ethical ground the question does not get answer. We understand that the lawyer have to know your case in order to properly advice us. This recent questions on behalf of myself n mu co workers and friends are straight forward questions but I know that there maybe a lot more employees in our company who also asking same questions since we are claiming the same violations. I will just advice them to surf or talk to experience lawyer for consultation. One of my friend commented to me that this is one way we can determine if the lawyer is passionate, knowledgeable and have to time to correspond since this forum is where people can ask about the law and who are confused and the same time which one we will most comfortable and easy to talk to. We were hoping that we may get s lawyer in this site. I do apologized if we asked almost the same questions but you know when the questioned gets answer, it is helpful but it really does not give you the answer modt of the time. But There are times the questioned get answered like we now know that my employer violated the law and we should keep our record and the statute of limitation. Because of this sites, my friends and I are more knowledgable about the labor law now than two weeks ago because the lawyers that donate their time to help others that does not understand the law. But we also need to be patience and understand thst a regular Joe to fully comprehend right away. Please just remember at the end of day we need a lawyer that will be compassionate to us. We just want to get the right lawyer that best represent us who won't settle our case quickly but execute fully extent of law in our behalf. Thank you for you time n patience and I hope I did not annoy you too . Have a good nite.

Posted

This post looks a lot like several posted this week already. The answers have been consistent and comprehensive. If you are not that same poster, I apologize, but if you are the same person, I have once already indicated that you are stretching the patience of those of us who donate time to help the public on this site, and it is now getting downright ridiculous to ask the same question, in the same way, five or six times in a five day span. You will get no different answers than you have in the last week from those on this site.

A simple Google search using terms like overtime, meal and break periods, wage and hour and the like will get you upwards of 100 sites where attorneys and others provide the kind of information you seek. The DLSE also has an outstanding web site.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

Posted

There are a lot of websites you can find and you can type in the specific labor code you want to do research on. I would try those websites and read up on any of the codes you think are important for your case.

Best of luck.

Asker

Posted

Thank you Mr. Holzman for all your advices. There are 5 of us filing and our company has over 30 employees not including formers employees and we all have the same claims and we may have upset other attorneys for asking the same questions. We understand that the lawyer have to know your case. I will frank with you and it is hard to get the answer you are looking for. It is also frustrating. Anyway thanks for this advice... We will google and check out other website but sooner or later my friends and i know we need to get a lawyer because it is a time sensitive for my other friends that left this company already. Thank you for your patience and advice.

Daniel Michael Holzman

Daniel Michael Holzman

Posted

No worries

Posted

You can Google those provisions of the Labor Code if you want to try to learn the law. Overtime and meal/break claims provide that the employer shall pay one hour of pay for each meal and break violation. Overtime violations provide payment of the overtime not paid plus 10% interest plus up to 30 day's waiting time penalties if willfully withheld plus attorneys' fees. The statute of limitations is 3 years and 4 if your attorney alleges an unlawful business practice claim in addition to the other claims.

Asker

Posted

Thank you for all your advices. We are now keeping records and now know our rights. This site is very educational We know now that my boss committed bunch of labor law. .We are reading a lot about the labor laws so when the time comes time to get s lawyer, we will be knowledgeable to hire a lawyer that is an expert in this area. My friends, my co workers and i now know enough for us to see if our future lawyer knows his stuff very well and compassionate to us about our case. we are just waiting for my friend who quit our company last week because she found a better job. Our former employer has not paid us fully compensated us especially on overtime. We are thinking of retaining a lawyer beginning of next month as we also now understand that this is also a time sensitive. Thanks again and we added you attorney Karila in the saved the lawyers account in this site at AVVO. Without this site we won't know a thing about the labor law. Thanks again for your legal advice and educating the Public...

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