Are you dealing with a wage and hour dispute, or are you feeling frustrated by the prospect of lengthy, expensive litigation? If so, there is a better way to resolve the matter. Mediation allows you to resolve conflicts efficiently while preserving relationships and saving money. At Blue Sky Mediation Center, our skilled mediators specialize in wage and hour claims. We provide a neutral space for employers and employees to come together and negotiate a fair resolution that works for everyone.
Through our guided process, we help you explore interests, identify issues, and find creative solutions – all without dragging things through court. Remember that mediation is confidential and focused on your unique situation. Why put yourself through the stress of litigation when you can resolve things amicably? Visit our office to learn more about wage and hour mediation in Orange County!
Wage and hour laws are complex, which is why disputes frequently arise between employers and employees. Mediation provides an effective way to resolve these conflicts without the major costs and adversarial nature of litigation. At Blue Sky Mediation Center, our impartial mediators are highly experienced in facilitating productive negotiations for all types of wage and hour claims, including:
Overtime Pay Disputes
Disagreements over overtime pay are among the most common wage and hour issues that lead to mediation. This includes misunderstandings around employee exemption status, incorrect overtime rate calculations, improper rounding of hours worked, or an outright failure to pay overtime wages. Our Orange County mediators are well-versed in matters of state and federal overtime laws to facilitate productive negotiations. We ensure a thorough understanding of “hours worked,” activities qualifying for overtime, weighted averages for employees with fluctuating schedules, and other crucial factors.
Minimum Wage Violations
All workers must earn at least the applicable federal, state, or local minimum wage rate for their job type and location. Minimum wage disputes frequently stem from paying below the minimum rate, making illegal deductions that drop net wages below the minimum, failing to compensate for small increments of time worked, or misclassifying employees to avoid minimum wage requirements. Through mediation, we guide parties in examining pay practices and address misclassification issues.
Meal and Rest Break Issues
Under California labor laws, employees are entitled to 30-minute unpaid meal breaks if working over five hours, as well as paid 10-minute rest periods based on their daily shift length. Violations occur when these breaks are not provided at all, are interrupted, or are shortened without appropriate compensation. Our mediators are knowledgeable on meal/rest period requirements and premium pay rules. We create a cooperative environment to resolve grievances over missed, late, or short breaks through negotiated solutions.
Improper Pay Deductions
Only certain limited deductions from employee paychecks are legally permitted in California. Many claims involve improper deductions for cash register shortages, required uniforms or equipment, unreturned property after termination, and other impermissible credits against wages. Mediation assists employers and employees in determining which deductions are allowable, calculating make-whole remedies, and establishing updated payroll policies and procedures to ensure future compliance.
Employee Misclassification
The difference between treating a worker as an employee versus an independent contractor has significant impacts on wage calculations, overtime eligibility, reimbursement for expenses, tax obligations, and more. Misclassification cases are common wage and hour disputes where workers file claims asserting they were incorrectly treated as contractors instead of employees. Our mediators objectively evaluate working relationship factors to facilitate a settlement around proper worker classification going forward.
If the mediation process at Blue Sky Mediation Center does not result in a mutually agreed upon resolution, the wage and hour dispute will continue through litigation. The parties involved will proceed with preparing their case for trial, just as they were before entering mediation. A final determination on the claims will then be made by either a judge or jury in court, depending on the specifics of the case.
However, our skilled mediator aims to avoid this outcome by operating as an impartial third party throughout the mediation. They thoroughly examine the arguments and evidence from all participants to set realistic expectations. This helps the parties gain an objective perspective on the strengths and weaknesses of their positions. The mediator also educates them about potential risks, liabilities, and costs associated with continuing the dispute through litigation versus reaching a negotiated settlement.
Get in touch with our experienced mediators by calling 213-376-4130 for more information. You can also visit our website to set up a consultation.
