Best Labor Law Lawyers in Marina del Rey

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V. James DeSimone Law
Marina del Rey, United States

Founded in 2015
English
V. James DeSimone Law is a Southern California practice dedicated to civil rights, employment law, and catastrophic personal injury litigation. Led by V. James DeSimone, the firm draws on more than 30 years of trial experience to pursue justice for individuals whose rights have been violated or who...
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1. About Labor Law in Marina del Rey, United States

Labor law covers the rights and obligations of workers and employers across wages, hours, safety, discrimination, and workplace standards. In Marina del Rey, a neighborhood within the City of Los Angeles, these rules are shaped by federal law, California state law, and local ordinances. If you work in hospitality, tourism, boating, or service industries around the marina, you are often protected by multiple layers of law at once.

At the federal level, the Fair Labor Standards Act (FLSA) governs minimum wage, overtime pay, and recordkeeping. California law adds stronger protections, including daily meal and rest breaks, higher minimum wage rules, and expanded anti-discrimination protections. Local rules in Los Angeles County and the City of Los Angeles may further affect earned sick leave, minimum wages, and enforcement procedures. This layered framework means workers in Marina del Rey often have more protections than the federal baseline.

California’s earned sick leave program requires eligible employees to accrue paid sick days, with concepts codified under state law and implemented through agency guidance. Learn more from the California Department of Industrial Relations.

For residents of Marina del Rey, a skilled labor law attorney can help you understand which rules apply to your job, how to document violations, and how to seek remedies through state and federal agencies. This guide provides an overview and practical steps to pursue appropriate legal help.

Key sources for foundational information include the U.S. Department of Labor and California’s Department of Industrial Relations, which administer wage and hour protections and provide enforcement mechanisms. See the references section for direct links to official sources.

2. Why You May Need a Lawyer

These real-world, Marina del Rey specific scenarios illustrate why consulting a labor law attorney is important. Each example explains an outcome that commonly requires legal guidance or action.

  • A marina restaurant worker discovers they were paid hourly wages below the California minimum wage and did not receive overtime for long shifts in a week when operations were heavy on the docks.
  • A tour boat driver is classified as an independent contractor rather than an employee, limiting eligibility for overtime, unemployment insurance, and workers compensation benefits.
  • An employee reports a pattern of harassment based on gender or national origin at a waterfront hotel and fears retaliation after making a complaint.
  • A hotel front desk staff member is denied meal and rest breaks during back-to-back shifts near the harbor, leading to accumulated unpaid time and potential penalties.
  • A seasonal worker suspects meal periods are regularly deducted or misreported on payroll, resulting in wage theft claims that require investigation and potential back pay.
  • An employee who takes approved leave under state or federal laws experiences retaliation or unlawful termination after returning to work.

In each scenario, a lawyer can help with evidence gathering, evaluating the correct wage orders, and communicating with the appropriate agency such as the DLSE, EEO offices, or the court system. Local counsel with experience in California wage and hour disputes can tailor arguments to Marina del Rey businesses and their unique work schedules.

3. Local Laws Overview

The labor law landscape in Marina del Rey blends federal, state, and local rules. Understanding the framework helps you determine which claims to pursue and where to file them.

Federal law - The Fair Labor Standards Act (FLSA) sets baseline requirements for minimum wage and overtime and is enforced by the U.S. Department of Labor’s Wage and Hour Division.

California law - The California Labor Code governs general wage practices, overtime, meal and rest breaks, recordkeeping, and postings. California also uses specific wage orders issued by the Industrial Welfare Commission that apply to particular industries, such as hotels and restaurants common in the Marina del Rey area.

Local considerations - Los Angeles area employers may be subject to additional rules, including city or county enforcement programs for minimum wage, earned sick leave, and wage theft enforcement. Always verify whether a Marina del Rey employer is subject to any local ordinances beyond state law.

Key official references include federal and state sources for wage and hour enforcement, as well as city and county resources for local standards. The following documents provide authoritative context and current enforcement guidance:

4. Frequently Asked Questions

What is the difference between wage and hour claims and discrimination claims?

Wage and hour claims address pay, hours, and breaks, while discrimination claims target unequal treatment based on protected characteristics. Both types may be pursued in parallel if supported by evidence.

How do I start a wage claim with the state of California?

File with the California Department of Industrial Relations Division of Labor Standards Enforcement (DLSE) either online or by visiting a field office. Gather payroll records, time sheets, and employer communications to support your claim.

What is the process to file a wage claim at the DLSE?

Typically you file a wage claim, the DLSE investigates, and you may attend a conference or hearing. Remedies can include back wages, penalties, and compliance orders for the employer.

When should I hire a labor law attorney for a wage dispute?

Consider counsel if your claim involves complex classifications, large back wages, retaliation, or if the employer contests your evidence. An attorney can guide you through mediation, negotiation, and possible litigation.

Do I need to prove overtime for every week?

Overtime rules apply when you work more than state thresholds within a workweek, unless exempt. A lawyer can help determine which weeks qualify and what sums are owed.

Is a non-compete relevant to labor claims?

California generally disfavors non-compete provisions in employment agreements. A lawyer can assess whether any non-compete or contract terms violate state law and affect your wage claims.

What is a misclassification claim for independent contractors?

Misclassification occurs when workers are treated as contractors rather than employees, potentially denying benefits, taxes, and wage protections. An attorney can determine eligibility for reclassification and back pay claims.

Can I pursue both state and federal wage claims?

Yes, in many cases you can pursue both. A lawyer can coordinate parallel investigations to maximize remedies and avoid duplicative penalties.

How long do wage claims typically take in California?

Resolution times vary by case complexity and caseload, ranging from a few months to over a year. An attorney can provide a more precise timeline based on your situation.

Do I need to prove discriminatory motive in a harassment case?

Harassment claims often require showing a pattern of conduct and its impact on you, not just isolated incidents. A lawyer can help collect witness statements and documentation.

What constitutes retaliation after a complaint or wage claim?

Retaliation includes firing, demotion, or other punitive actions taken in response to a complaint or investigation. A labor attorney can help identify causal links and remedies.

Who enforces local wage rules in Marina del Rey?

Local enforcement in Marina del Rey can involve city or county agencies in addition to state agencies. Your attorney can identify the correct local body for your situation.

5. Additional Resources

These official resources can help you understand rights, file complaints, and seek enforcement or remedies in Marina del Rey.

6. Next Steps

  1. Identify your main issue and collect your documents. Gather pay stubs, time records, job descriptions, and any communications with your employer.
  2. Check whether your claim is governed by federal, California state, or local rules. Note the relevant timeframes for filing with the appropriate agency.
  3. Consult a labor law attorney in the Marina del Rey area who specializes in wage and hour or employment discrimination cases. Look for credentials and a track record with similar matters.
  4. Schedule a consultation to discuss your facts, potential remedies, and fee structure. Prepare a checklist of questions about timelines, costs, and expected outcomes.
  5. Decide on a strategy with your attorney, including whether to pursue mediation, administrative claims, or court action. Factor in potential timelines and costs.
  6. Begin any required administrative filings promptly to preserve deadlines. Your attorney can assist with draft letters and documentation to support your claim.
  7. Monitor the employer’s response and adjust your plan as needed. Keep your attorney updated on changes in payroll or schedules that affect your claim.

Lawzana helps you find the best lawyers and law firms in Marina del Rey through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Labor Law, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.