Do You Need an Unpaid Wages Lawyer?
Everyone should be paid for the work they do. It’s the law, after all. Yet, it’s common for this not to occur. Is it time to hire an unpaid wages lawyer?
Read further on.
Introduction
Some people love their jobs, others not so much. But we know that if we want to take care of our basic needs – and those of our loved ones – we need to make money. Hour after hour you spend at the office and you expect to be paid. When you put in extra time, you expect to be paid on that, too. If you are someone who lives paycheck to paycheck like the majority of our population, then not receiving the full compensation you are owed can have a very real impact on your life – and that of your family.
The law in California states that you are to be paid the wages you earned. If you aren’t, you may need an unpaid wages lawyer. Don’t let your employer keep the upper hand – fight for what is yours.
Do you need an unpaid wages lawyer?
What Is Considered Unpaid Wages?
There are many reasons an employer may fail to pay an employer – whether intentional or not. It includes the following:
- Failure to pay overtime.
- Failure to pay earned sick time, vacation time, or paid time off.
- Failure to pay all wages owed after termination, whether voluntary or involuntary.
- Failure to pay earned tips, bonuses, or commissions.
- Failure to pay legal minimum wage amount.
What the Law Says
California law addresses many areas of unpaid wages, but we are going to touch on a few of the most common.
Minimum Wage
Inlay terms, an employer who fails to pay you the wages you earned is not following the law. Especially since the law states that employers are to pay you at least a specific minimum wage and pay you for any mandatory overtime. Anyone who does not receive this compensation is owed unpaid wages.
Currently, as of 2021, the minimum wage in California according to the law is $14.00 per hour for those employers who have 26 or more employees and $13.00 per hour for those with 25 or less employees. Though, this is just the state amount. There are many cities and counties that have their own laws in place concerning minimum wage that is higher than the state required. It is important to know that these amounts change annually and should be discussed with an attorney if you think you were paid the wrong wage.
Overtime
As for overtime, under California law, employers must pay their employees (those who are non-exempt) for any work done above and beyond their maximum work hours. This includes more than 8 hours in a day, more than 40 hours in a work week, or more than 6 days of work in a single workweek.
Overtime pay is calculated at 1.5 times that of their normal hourly pay rate. For instance, someone making $14.00 per hour would make $21.00 for all OT hours.
Further, any work that is more than 12 hours in one single day or more than 8 hours on the seventh day of a workweek is owed double their normal rate. So, in the example above, $28.00 per hour, rather than $14.00
Keep in mind this is only for mandatory or permitted overtime work.
Meals and Breaks
As an employee, you are entitled to a meal and a break(s). The law specifically states that if you work more than 5 hours a day, you are entitled to a 30-minute lunch break. If you work more than 10 hours in a single day, you are entitled to two lunch breaks (each 30-minutes).
As for breaks to rest, those who work 3.5 hours or more in a day are entitled to rest breaks. This means you get 10 minutes for every 4 hours (or the majority part of) worked. Someone who works 8 hours should get two 10-minute breaks.
Working “Off the Clock”
It is illegal for an employer in California to require employees to work “off the clock” without compensation. Employees cannot put in work time before or after their shift, during breaks, or handle other duties without being compensated appropriately.
Your Options To Fight for Your Unpaid Wages
When it comes to getting the wages you are owed, sometimes reaching out to the employer doesn’t get the job done. If you find that your employer – or old employer – did not pay you properly, you may be entitled to recover those wages and more. Many employees are hesitant to move forward with any action to receive these missing funds for fear of losing their job. However, the law provides protection for those exercising their rights under California wage and hour laws.
You have a couple of choices in California as to how you can recover your unpaid wages. You can file a wage claim with the California Division of Labor Standards Enforcement (DLSE) and try to have matters handled outside of the courtroom. Or, you can file a wage and hour lawsuit in court. Each of these choices has their benefits, but knowing which one is best for your personal situation is something you should most definitely discuss with an experienced attorney.
Note that you often have 3 years from the date of the most recent violation in order to file a lawsuit or claim in California.
Hire an Experienced Unpaid Wages Lawyer
Not receiving your wages when they were due is bad enough. But not receiving them ever is even worse. Don’t let this happen to you. Instead, hire an experienced unpaid wages lawyer to lead you through the process of recovering your unpaid wages. Depending on your situation, this very well could also include interest, too. Or, if it was done in bad faith and not in error, you may even be entitled to double the amount of wages.
These are only things that an attorney who knows the ropes can come through for you. Your work is your livelihood – it’s what takes care of your family. If you have put in your time and you have not compensated appropriately, it is time to take action.
You’ve earned it.
Are you in search for a certified attorney to represent you?
Let us help you find one today!