It was worth the wait for many former workers of Wal-Mart Stores Inc. in California to learn about the news that the world’s largest retailer has finally agreed to pay up to $ 86 million to settle the wage-and-hour class action lawsuit (Ballard v. Wal-Mart Stores, Inc.), which the workers have filed in the US District Court in Northern California in 2006.

According to the company, the amount would provide about $74 million for unpaid wages and $12 million in vacation pay to nearly 232,000 terminated workers who joined the class-action lawsuit.

The settlement is just awaiting approval of trial and appellate courts.

For these former workers this is surely welcome news however for those unheard few exploited workers, their ordeals are far from over.

So how exactly can a California worker deal with an unpaid wage issue?

First, you must understand that there are different time periods for the filing of a wage claim in California, where majority of workers are under at-will employment.

•    If the claim is based on an oral agreement, it must be filed within two (2) from the date the claim arose.
•    If the claim is based on a written agreement, it must be filed within four (4) years from the date the claim arose
•    Minimum wage, unpaid overtime, and other statutory claims must be filed within three (3) years from the date the claim arose.

Generally, any employee with unpaid wages or other compensation claim may file a claim with the Division of Labor Standards Enforcement (DLSE), which is under the State Labor Commission.

The Labor Commissioner will determine whether the wage complaint will undergo a conference or hearing based on established procedures for investigating complaints (Labor Code section 98 and 98.3).

Having the services of an experienced employment and labor lawyer during this conference or hearing, would prove valuable to your case.

(video credit: SmartTrend)

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