Whether you work on an hourly basis, fixed salary, commission, piece-rate payment, project basis, or task basis, you are legally entitled to receive fair compensation or wages for the service you have rendered. In California, the state policy is that employers must pay correct and timely wages to all employees, regardless of their immigration status.
The federal Fair Labor Standards Act (FLSA), which the Wage and Hour Division of the U.S. Department of Labor enforces, also states that employees must receive appropriate and timely payment for regular, overtime, and double-time work. If the employer refuses to pay you the exact amount they owe you, they are engaging in wage theft and violating the employment laws in California. You can hire an unpaid wages attorney and take legal action against them.
What are unpaid wages?
When you work for an employer in California, you may do so based on a written contract or an oral agreement. The employer agrees to pay you a specific amount in wages for the work you do for them. As per the Labor Code in California, the pay has to meet or exceed the established minimum wage rate.
In the case of non-exempt workers, aside from paying them an hourly rate for an eight-hour shift, the employer must also pay for any overtime or double-time work they do. For overtime work, which is four hours over the legal eight hours, the rate is one and a half times the regular hourly rate. If you work for four hours more, it is double-timed pay and the employer must pay twice the regular hourly rate.
Unpaid wages are the wages that employers do not pay for the regular, overtime, or double-time work you have already done for them. Some employers may make a partial payment and try to shortchange you by withholding the rest. They may intentionally miscategorize your employment status to avoid paying the proper compensation. They may attempt to avoid reimbursing you for business expenses or may dispute paid leave or benefits. In some cases, the employers may make administrative errors that prevent you from receiving full payment.
How to record unpaid wages?
You can record unpaid wages by keeping an accurate record of all the hours you have worked for the employer. That includes the time you arrived to work, the eight-hour shift, any overtime or double-time work you did, the legally-mandated rest and meal breaks you took, and the time you left the workplace. You should also note any paid or unpaid leave you took while working for the employer.
When you get paid, you should compare the details on the payment slip with the record you have maintained. Find out if they match or the employer has failed to pay you for all hours you worked. Calculate the amount the employer owes you. Keep all receipts, slips, and work records to show the unpaid wages attorney.
What can you do in case of unpaid wages?
The federal and California employment laws are clear on the issue of wage payment, and violations can lead to penalties or even criminal prosecution. An unpaid wages attorney can help you report the wage violation to the state agency or the federal government.
The attorney can file a complaint on your behalf with the Wage and Hour Division at the U.S. Department of Labor. The Wage and Hour Division will investigate your case, and if your employer has violated the employment law, it will recommend compliance and supervise the payment of the unpaid wages. The Secretary of Labor may file a lawsuit to recover back wages and impose a penalty to double the damages.
In case of willful violation, the FLSA allows for the criminal prosecution of employers and up to $10,000 in fines. Continued violations can lead to further penalties and imprisonment.
The unpaid wages attorney can assist you in filing an unpaid wages lawsuit against your employer. Depending on the amount the employer owes you, it may be possible to file a claim regarding wage theft in small claims court. However, you cannot file a private lawsuit against your employer if you have already received back wages by the intervention of the Wage and Hour Division.
