Orange County Employment Dispute
Orange County Employment Litigation
Employment disputes can arise in many areas of the workplace. An attorney skilled in Orange County employment dispute resolution can assist you with workplace problems that include:
| • Wrongful termination charges • Sexual harassment • Improper disciplinary actions or procedures • Failure to comply with wage and hour statutes |
• Failure to make proper accommodations for disabled employees • Overtime disputes • Meal and rest break requirements • Complying with statutes regarding pregnancy |
Wage Disputes
In certain instances, an employee covered under federal and state wage and hour laws can bring an employment lawsuit in Orange County against an employer. An employment litigation in Orange County can be brought individually or with other employees in a collective lawsuit against the employer.
Individual Lawsuits
Under the Fair Labor Standards Act (FLSA), an employee can file a private action against an employer for the following:
• Unpaid minimum wages, overtime and liquidated damages
• Monetary damages and equitable relief if you are discharged or discriminated against for asserting your rights under the FLSA
Collective Actions
One or more employees can file a collective action against an employer to recover unpaid wages on behalf of themselves or other similarly situated employees.
In determining if a collective FLSA action is appropriate for certification, the court examines whether the plaintiff employees have shown they are similarly situated. That is, they are the victims of a common policy or plan to violate the FLSA. In addition, the court will examine three additional factors to ensure that the employees are similarly situated:
• That any employment related differences between them are few
• That the various defenses available to the employer against each plaintiff employee are essentially the same
• That any fairness and procedural questions of all claims are similar
If the plaintiff employees can still show that they are similarly situated, the court certifies the collective action and other aggrieved employees may opt in. If the court finds that the plaintiffs are too dissimilar, it dismisses the collective action and the employees must file individual lawsuits.
Orange County wage dispute cases under the FLSA and state wage and hour laws can be complicated. An Orange County employment law attorney can best assist you in reviewing your possible claims and advising you of your options.
Consult with the Carter Law Firm if you have questions about an Orange County employment dispute. We serve all of California and are skilled at Orange County dispute resolution.
