Are you dealing with any of these?
A former employee's demand letter asks for tens or hundreds of thousands
The letter lists overtime, missed breaks, and pay stub penalties, calculated using the longest deadline and the most hours possible.
A Labor Commissioner wage claim notice arrived
It sets a settlement conference date, and you're not sure what to bring or whether you need a lawyer.
One employee says they're suing on behalf of everyone
The complaint or PAGA notice refers to “all similarly situated employees” and names the owner personally as a defendant.
Workers paid on a 1099 are now said to be employees
Installers or drivers you've always paid as contractors are claiming overtime, break premiums, and penalties.
An employee says the firing was discrimination or retaliation
After a layoff or termination, the former employee filed with the Civil Rights Department or sued, alleging sex or age discrimination, or retaliation for raising overtime complaints.
You want to fix your practices before anyone sues
Cash wages, flat salaries, schedules with no records: you're not sure where the risk is.
What we handle
Labor Commissioner wage claims
We prepare you for the settlement conference and hearing. If an award issues, we assess whether to appeal and meet the deadline.
Demand letters and pre-suit negotiation
We check the other side's numbers line by line, find double counting and inflated figures, and negotiate. The settlement agreement spells out payment terms and the scope of the release.
Class actions and PAGA
We evaluate the scope of the proposed class and any arbitration agreement. After a PAGA notice, we look at whether a cure proposal fits; after a PAGA lawsuit, whether to request an early evaluation conference.
Owner personal liability
We defend against claims that the owner is personally liable, that related companies are joint employers, or that the company is the owner's alter ego.
Discrimination, harassment, and retaliation claims
We respond to Civil Rights Department (CRD) complaints, organize internal communications and complaint-handling records, and defend the lawsuit.
Worker classification review
We apply the salary test and the ABC test to sort out who is exempt and who is an independent contractor.
Compliance check-up
We review pay stubs, scheduling and timekeeping, meal and rest breaks, final pay, employee handbooks, and the annual notices you must give employees.
After an award or judgment
We handle appeals, settlement payment arrangements, and enforcement proceedings.
Key rules for California employers (2026)
These are general rules. Requirements can differ by industry and company size.
- Labor Commissioner appeals move fast：An employer must appeal to superior court within 10 days after the award is served (extended for mail service) and first post a bond equal to the award (Labor Code section 98.2).
- The look-back period sets the ceiling on exposure：Unpaid wages, overtime, and meal and rest break premiums generally reach back 3 years. If the employee adds an Unfair Competition Law claim in court, restitution can generally reach 4 years. Each paycheck has its own clock, and amounts outside the deadline can be challenged as time-barred.
- The 2024 PAGA reforms give employers room to fix problems：If the employer had taken all reasonable steps to comply before receiving a PAGA notice, penalties are capped at 15% of the amount sought; if it takes all reasonable steps to comply going forward within 60 days after the notice, the cap is 30% (section 2699). An employer with fewer than 100 employees can submit a confidential cure proposal to the Labor and Workforce Development Agency within 33 days of receiving the notice (section 2699.3).
- Owners can be personally liable：An employer, or a person acting on its behalf, who causes an hours or wage violation may be held personally liable (section 558.1). Mixing company and personal accounts makes this kind of claim easier to bring.
- Classification isn't decided by the contract：To be exempt, a full-time employee must earn at least $70,304 a year in 2026 and the job duties must qualify. Independent contractor status is generally decided by the ABC test (section 2775); if any one of the three prongs isn't met, the worker is usually an employee.
- Keep records, and produce them when asked：Payroll and time records generally must be kept for at least 3 years. When an employee asks to inspect or copy payroll records, the employer generally must provide them within 21 days (section 226); for a personnel file, generally 30 days (section 1198.5).
- Annual employee rights notice every February 1：Starting in 2026, every California employer must give employees the Workplace Know Your Rights notice each February 1 and give it to new hires on their first day, let employees designate an emergency contact, and keep records of distribution for 3 years.
How your case moves forward
Pause and preserve records
Preserve schedules, time records, payroll, bank statements, and messages, stop any deletion, and don't discuss the merits with the other side.
Gather documents
Bring the demand letter, Labor Commissioner notice, or complaint, along with personnel files, contracts, and handbooks. Incomplete records are fine.
Measure the exposure
We run the numbers both ways, the other side's version and what the records show, so you know the worst case and the likely range.
Choose a strategy
We compare settlement, a Labor Commissioner hearing, litigation, and arbitration on time, cost, and risk, and decide with you. We track every deadline.
Fix practices after the case
We adjust scheduling, pay stubs, and classification to lower the risk of the next claim.
Related results
Employer-side labor disputes we have handled include a former employee's Labor Commissioner claim dismissed at hearing with nothing awarded; an overtime claim with a hinted class action, where we found double counting and settled well below the initial demand; a restaurant chain sued in a class action with the owner named personally, where mediation sharply narrowed the class and released the owner; and a $1,000,000+ discrimination claim resolved early. Some cases are adapted from real matters.
Wage and Hour Dispute: Case Dismissed, All Claims Rejected
Case dismissed · All claims rejected
Employment Dispute, Hours: Class Action Avoided, Resolved Far Below the Initial Demand
Class action avoided · Resolved far below the initial demand
One Former Employee Sued on Behalf of 100+ Workers and Named the Owner Personally. We Helped This Restaurant Chain Close the Case at Mediation
Settled at mediation · Class sharply narrowed, owner released personally
Employment Dispute, Discrimination Claim: Million-Dollar Exposure Avoided, Resolved Well Ahead of the Expected 12+ Months
Million-dollar exposure avoided · Resolved well ahead of the expected 12+ months
Fees
Hourly
Suited to litigation defense or complex matters with an uncertain path. Your rate and a cost estimate are given in writing before you engage us, and you receive an itemized invoice each month.
Fixed fee by stage
For defined work such as responding to a demand letter, a Labor Commissioner settlement conference, or a compliance check-up.
Ongoing counsel (select clients)
For businesses that handle employment questions regularly. Scope and fees are agreed in writing in advance.
- The fee arrangement and rates are confirmed in writing before you sign the engagement agreement.
- Third-party costs such as court filing, service, and translation or notarization fees are usually separate and disclosed in advance.
- An employee who recovers unpaid minimum wage or overtime can ask the court to order the employer to pay the employee's attorney's fees (Labor Code section 1194), so an early evaluation often saves money. Outcomes are decided by the court, and we do not guarantee results.
Frequently asked questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
