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Like any legal case, you should expect your employer to present vigorous defenses against any wage and hour claims that you bring. You want California employment law attorneys helping you who know how to prove your claims. 

California sets out potentially costly penalties for employers that violate Labor Code laws, and this is in addition to any unpaid wages or other damages owed to employees. Further, wage and hour violations can make the news, and reports that a company does not uphold the rights of employees can seriously damage its reputation in many situations. 

It is no surprise that employers try to avoid liability for employment law violations whenever possible, which makes it more important for employees to have their own legal advocate. Consult with our California employment law attorneys about a possible case today. 

Common Defense Tactics

Like any other type of legal matter, employers have the right to defend against unpaid wages and other Labor Code claims brought by current or former employees. Many companies also have legal teams ready to fight against liability at all costs, and they have many defense tactics. Some might include:

  1. Claiming the employee was exempt and not subject to certain wage and hour laws
  2. Claiming the employee was an independent contractor and not subject to wage and hour laws
  3. Stating the employee received proper compensation
  4. Asserting that an employee contractually waived certain rights
  5. Denying that employees did not receive proper meal or rest breaks
  6. The employee’s stated hours were inaccurate or certain time was not compensable
  7. Wage and hour laws do not apply to this enterprise or employee for various reasons

In addition, if you experienced retaliation for a wage and hour complaint, an employer will almost certainly give another reason for the adverse employment action. It is then your job to prove the reason provided is pretextual and that the employment action did, in fact, constitute unlawful retaliation. 

Standing Up for Employees

There is always a chance that you will face opposition when it comes to your wage and hour claim, and going up against your employer’s team of attorneys can be a highly challenging task. You want to have your own California employment law attorney standing up for you to prove your claim. 

In the face of employer defenses, we can gather and present evidence to support your claim, which might include:

  • Pay statements, timesheets, and related documents
  • Employer records obtained in discovery or by a subpoena
  • Testimony or statements from co-workers or other witnesses
  • Notes, journals, or other records you kept regarding hours worked
  • Communications between you and your employer
  • Employment contracts, policies, and handbooks

When your employer denies a violation that you know occurred, it can be shocking and disturbing to you, and it is natural to not know how to respond or what to do next. This is where our experienced legal team comes in, as we know how to stand up to employers and their defenses – both to state agencies and in court.

Speak with Our California Employment Law Attorneys

If you think you have a wage and hour claim, you want to have the California employment law attorneys of Mara Law Firm on your side. Contact us online or call (619) 234-2833 for a free case evaluation.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.

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