After you have spent your time and energy working, you reasonably expect to be fairly compensated for your time. Unfortunately, unpaid wages are rampant in California. You may be hesitant to pursue the wages owed to you because you are afraid your employer will terminate you, but state and federal laws protect you from such retaliatory acts. If you need help with your unpaid wage claim, contact a San Diego unpaid wages attorney at Jimenez Loayza, APC.
Federal and State Wage Laws
The Fair Labor Standards Act is the federal law that covers employment wages. It covers minimum wage pay and overtime pay. This law applies to employers in the private sector with two or more employees and gross annual revenue of $500,000.
There are also a number of important state wage laws. These laws state:
- If an employee quits their job and is not subject to a written employment contract for a definite period, their employer must pay their unpaid wages within 72 hours, but if the employee has given notice of at least 72 hours, the unpaid wages are due at the time of quitting.
- If an employer terminates an employee, the employer must pay the employee for their unpaid wages immediately.
- If an employer fails to pay the employee’s unpaid wages as described above, the employer can be held liable for daily wages until the employer pays, subject to a maximum of 30 days’ pay.
- If workers are paid twice a month, they must be paid between the 16th and 26th day of the month for the work they performed between the 1st and 15th of the same month. For work they performed between the 16th of the month and the last day of the month, they must be paid between the 1st and 10th of the following month.
- Terms regarding employee pay must be in writing. Employees must receive a wage statement that shows the amount of their gross and net earnings, taxes withheld, recorded hours of work, retirement contributions, insurance withholdings, and other deductions. Employers are required to keep these records for at least three years.
Common Wage and Hour Violations in California
There are many different ways that employees may not receive the pay they are entitled to. Some of the most common wage and hour violations in California are:
- Misclassifying employees as independent contractors or exempt workers
- Requiring employees to work off-the-clock
- Failing to pay employees for their earned overtime
- Failing to pay employees minimum wage, such as by claiming that tips compensate for the difference in their pay
- Refusing to pay employees after they quit or are terminated
- Failing to pay bonuses or commissions that were agreed to
- Unpaid rest and meal breaks when required to remain on location
- Making deductions from employees’ paychecks for items they did not agree to
What to Do If You Are a Victim of Wage Theft
If you believe you were not properly compensated for your work, there are some steps you can take to build your claim, including:
- Obtain a copy of your employer’s payroll policy
- Locate the written document that shows the wage agreement between you and your employer
- Keep your wage statements
- File a claim with the California Division of Labor Standards Enforcement
- Speak with an experienced unpaid wages lawyer in San Diego
Contact Our San Diego Unpaid Wages Lawyers for Assistance
If you are a victim of wage theft, working with an experienced wage and hour lawyer is essential to fighting for the compensation you deserve. Contact Jimenez Loayza, APC today for your free confidential consultation.