Wage Violations in Warehouses

Warehouse workers do physically demanding work, and they face constant pressure to work ever faster. Unfortunately, abuse of warehouse workers on all fronts, including their wages, is common. As a warehouse worker, you may face significant wage and hour issues on the job, including violations of the state laws governing your overtime pay, minimum wage protections, rest and meal breaks, off-the-clock work, and payment of wages after termination. If you are concerned about wage violations in warehouses, you should talk to the experienced California wage and hour lawyers at The Nourmand Law Firm about your situation. We may be able to represent you in a lawsuit for damages.

You deserve to work for an employer that follows federal, state, and local laws and provides the protections required for workers in California. Unfortunately, warehouse workers are too often required to survive harsh working conditions without meal and rest break periods and must also work overtime.

Under California law, as an employee at a warehouse, you should receive a wage statement that explains the basis for your paycheck so that you can figure out whether you have been cheated out of your wages. However, if you are misclassified as an independent contractor, you may not receive a statement. In that case, you should consult an attorney when you believe that you may have a minimum wage, overtime, or other claim that only employees in the state can bring.

You are entitled to file a wage claim if your employer does not pay you wages or benefits that you are owed. A wage claim can be filed with the Labor Commissioner’s Office by email or mail or in person. When the Labor Commissioner initiates an enforcement investigation, it will conduct a payroll audit of the company’s last three years to figure out minimum wage, overtime, or other labor law violations and determine payments owed or penalties due. When you file the claim, you kick off the process to collect unpaid wages or benefits. You may be concerned that wage and hour laws will not protect you if you are undocumented, but California Labor Laws protect you as a warehouse worker no matter what your immigration status is.

You may be able to retain an attorney and bring a lawsuit to collect the full spectrum of damages and penalties. When you file in civil court, you can recover damages for a longer period than you can when you file a claim with the Labor Commissioner. You will be able to recover attorneys’ fees; this can serve as an incentive for your employer to settle with you rather than making you fight for a longer period of time in court. In addition, the Private Attorneys General Act empowers harmed warehouse workers to recover civil penalties for Labor Code violations. You may be able to not only recover damages through your wage claim but also assert your rights under the Private Attorneys General Act. It is important to talk to an attorney as soon as you realize that you may have been harmed by a wage violation at your warehouse job.

Types of wage violations commonly committed against warehouse workers may involve:

• Minimum wage
• Overtime
• Meal period and rest period premiums
• Contract wages
• Waiting time penalties

In a successful minimum wage lawsuit, you may be able to pursue liquidated damages that are equivalent to the amount by which you were underpaid, along with interest. Waiting time penalties may be imposed if your employer intentionally does not pay you everything that you are owed once you are terminated or otherwise leave its employment. The penalty will be calculated by looking at your daily rate of pay multiplied by the number of days that you were not paid, up to a 30-day maximum.

If you are concerned about wage violations in warehouses, you should talk to the seasoned wage and hour attorneys at The Nourmand Law Firm about whether you have grounds to sue. The Nourmand Law Firm represents clients in Los Angeles, San Bernardino, and Riverside Counties, as well as Oakland, Sacramento, and other areas of California. Complete our online form or give us a call at 310-553-3600 or 800-700-WAGE (9243).