Back time refers to when you worked as an employee, but your employer did not record or pay it. It could be due to an oversight on the part of your employer or an error in timekeeping. Sometimes employees do not receive full pay because of intentional underreporting of working time or missed punches. Employment law requires workers to be compensated for all the time they work. If not, an employer can face penalties and other consequences for failure to do so.

Your back time could be an unpaid increment, bonus, overtime, ordinary wages, or any other benefit. It is similar to unpaid wages, only that back time arises when your employer violates a particular hour or wage law. They can do this by not compensating you for all the hours worked or miscalculating your pay.

If you suspect you have some unclaimed back time in California, a skilled attorney can help you understand your case's strength and options. We can also help you file for compensation for all your unpaid wages at Stop Unpaid Wages. Our team of attorneys comprises highly trained and experienced employment law attorneys.

Understanding Back Time Laws in California

The employment law refers to back time as all the wages an employer owes an employee for work done for which the employee was not compensated. Back time can arise for several reasons, including an employer violating wage and hour laws. Employers should carefully follow the law when compensating workers to avoid legal issues, back pay, and other unpaid wages. As an employee, you can file a lawsuit against your employer to recover back pay and any other damages you may have incurred due to delayed or denied pay.

Often, workers complete tasks assigned to them but do not receive full compensation for them. Employers also require employees to work longer than their work time, but do not compensate them for the additional time worked. Employees are entitled to compensation for the time and effort they give to work. You can hold your employer responsible for unpaid overtime if they neglected to consider the time you worked or the extra services you provided in your pay.

Generally, back time refers to the money an employee worked for but did not receive. If you were underpaid at a particular time, or your employer miscalculated your age, you can claim back time. If you file a claim with your employer and they fail to acknowledge the error in miscalculating your pay or neglect to compensate you, you can file a claim with the Division of Labor Standards Enforcement, or DLSE. The DLSE will, in turn, notify your employer of your claim and require them to compensate you for the unpaid time.

It helps to have enough supporting documents to support your claim when seeking compensation for back pay. Remember that this is generally the time your employer intentionally ignores acknowledging. Your employer can claim that you do not deserve compensation without sufficient proof. However, evidence that you rendered services that were not paid for can help DLSE favorably determine your case.

Thus, back time is the unpaid time by your employer due to violation of wage and hour law or improper calculation of the pay you deserve. It could involve the following:

  • Overtime violations

  • Unpaid rest and meal breaks

  • Unpaid sick or maternity leave

  • Violation of the minimum wage law

  • Exempt miscalculations

  • Unpaid reimbursements

  • Unpaid payroll deductions

  • Unpaid off-the-clock engagements

Back Time, Penalties, and Interests

Your back time mainly depends on the work done and the violation of your employer or the payment your employer failed to make. You have a valid case against your employer if the wrongdoing was intentional and the unpaid time was not due to a genuine mistake. If your employer intentionally failed to compensate you for the time you dedicated to your work, you could be entitled to the following:

  • The unpaid amount, according to the work done, agreement with your employer, or labor laws

  • Interest of up to 10% for every year your employer has not made the payment

Your employer could also be required to compensate you for all resulting damages and penalties for violating a labor law. Thus, your back time compensation can include the following:

  • Unpaid wages due to employer negligence, miscalculation, or mistake of fact

  • A 10% interest rate, calculated every year that the unpaid wages are not paid

  • If your back time is due to unpaid meals or rest breaks, you will be entitled to an hour’s wage for every break you worked.

  • Your attorney could be liable for all the costs you have incurred when filing a lawsuit against them, including attorney fees and court costs.

However, if the employer intentionally made a mistake when calculating your time or negligently underpaid you, you could be entitled to twice the resulting damages. A skilled attorney will help you prepare a solid claim against your employer, according to the damages you have incurred and all the costs you want the court to hold your employer liable for.

Overtime Back Time

Some employers do not think workers deserve payment for their extra time. If an employer asks you to extend your working time, they should compensate you for the additional time at a 1.5% rate. The amount is calculated according to your regular time pay. Labor laws require employers to pay for overtime even if it is not authorized. What matters is that you worked more than your regular 8 hours a day or 40 hours a week. You are entitled to double pay for any time you work after eight hours for the seventh consecutive day.

If your employer neglects to pay overtime, you can file a back time claim with the DLSE even after filing a claim. After reviewing your case, the DLSE can compel your employer to pay the accumulated overtime hours, plus the interest accumulated over the years. Alternatively, it can give you the right to sue your employer for compensation for all your damages.

However, not all workers are eligible for overtime. You can find out your eligibility with the help of your time before filing a claim against your employer. Only hourly non-exempt workers can file this claim. For example, a white-collar worker who performs professional tasks or a high-level administrator or manager can be exempt from overtime payments.

If you are entitled to overtime, and your employer did not pay everything you deserved for the extra hours you worked on top of your eight hours a day, or 40 hours a week, you can claim compensation for the amount they did not pay. The interest rate applies every year your employer neglects to pay the back time.

Minimum Wage Back Time

Remember that you are entitled to back time if your employer has been paying you less than you deserve for your job. Employers are guided by labor laws on how to treat workers, including how to pay workers in various capacities. Some employers offer lower wages than you deserve, while others neglect to compensate you for the work. You can claim back time pay with the help of your attorney and additional compensation for all damages you have suffered from your employer’s negligence.

For example, you can claim liquidated damages, which cover losses incurred due to minimum wage pay or lack thereof. With the help of your attorney, you can demonstrate that your employer’s actions or inactions led to other losses, including suffering and mental anguish. You could be eligible for liquidated damages if you did not receive any payment for your worked hours. However, you must prepare and present a compelling claim for the court to award all damages.

Back Time Pay for Missed Rest or Meal Breaks

Labor laws require employers to give workers meals and rest breaks between work shifts. You are entitled to a ten-minute paid restroom break for every hour you work and an unpaid 30-minute meal break for every five hours. You are also entitled to an additional unpaid 30-minute meal break if you work consecutively for ten hours. You deserve to be paid if your employer asks or requires you to work during rest or meal breaks. The pay for missed or denied rest or meal breaks is calculated as an hour of pay at your usual payment rate.

You can file for back time if your employer has not paid you for denied or missed rest or meal breaks.

Back Time for Violated Wage Statements

Your employer should provide you with information regarding your earnings on your pay stub. This should include the number of hours you have worked, your hourly rate, and any deductions you are subject to. This information helps you understand why you have been paid how you have. You can use this information to claim unpaid payments for hours worked or unfair deductions on your pay stub.

If your employer has not been providing this information or has been providing false information, you can claim wage statement penalties. California employers are charged $50 for the initial statement violation and $100 for subsequent violations. The maximum penalty you can claim in this case is $4,000.

Back Time for Waiting Time Penalties

If your employer terminates your employment contract, they must issue your last paycheck during the termination. This should also apply if you quit your job and gave your employer a notice of at least 72 hours. If your employer does not have your payment ready when you leave or are terminated, they can ask you to give them at least 72 hours to issue your final paycheck. The check should include payment for the worktime you have not been paid for, accrued or unused vacation time, and any other unpaid wages.

You are entitled to back time if your employer does not issue your paycheck within the required time or does not include all the pending payments. In this case, you can claim payment for a full day of work, calculated at your usual pay rate for the days your employer fails to issue your paycheck.

How To Calculate Back Time Pay

You must carefully consider your back time claim before filing it against your employer. This improves your chances of receiving a favorable outcome. First, consider whether you have a valid claim against your employer. Gather sufficient proof that your employer failed to pay you for time worked or a benefit you are entitled to. Consider how long the payment has been pending to calculate the interest owed to you. Additionally, ensure that your claim meets the timelines under the statute of limitations so the court can hear and determine it. Working closely with a competent labor law attorney helps in ensuring you have all that you need to file a successful claim.

You should consider several factors to ensure that you have a solid claim against your employer. For example, have accurate calculations for your regular pay and overtime. Consider the possible interest on unpaid wages and any penalties for waiting time. Also, state laws regarding minimum wages, benefits, overtime, and meal and rest breaks should be reviewed. These will help you build a strong case against your employer. Here are strategies that will help you when developing your claim:

Determine Your Regular Pay Rate

This is critical in determining whether your employer has paid you fairly for the time you have worked for them. It is also the base rate against which all other payments, including overtime payments, are made. Find out your employer’s wage and hourly rate. Consider their nondiscretionary payments, which should factor into your regular pay. These include attendance bonuses, commissions, shift differentials, and piece-rate earnings. Also, consider your employer’s rate for overtime payment. These will guide you in determining exactly what your employer owes you from your regular pay.

Calculate Your Overtime

In California, overtime is paid at 1.5% times a worker’s regular pay rate. Any time you work after 8 hours on a typical workday or 40 hours in a normal week is considered overtime. Thus, if you work 12 hours daily, the additional 4 hours should be paid more than the regular 8 hours. If you work seven days a week, any time after 8 hours on the 7th day must be paid at a double rate of your regular pay. Since this information is available for all employers, it will be a severe violation if our employer fails to pay you according to the legal requirements.

Calculate Your Rest and Meal Break Penalties

Consider how many meals and rest breaks you have missed or been denied during your work shift. Every break you miss in a day should be considered an hour of work and paid at a regular hourly rate.

Calculate the Interest Owed

Back time includes an interest on the amounts owed, based on how long your employer has failed to pay the amount you are owed for services rendered. Remember that unpaid wages are paid at an interest of 10%. The DLSE will calculate the total amount your employer owes you and the interest the pay has accumulated over the years to determine the validity of your claim.

Additionally, there are waiting time penalties, which your employer must pay according to the time they have delayed your paycheck after termination or quitting. The penalties stop accumulating once you receive your final paycheck.

Who is Eligible for Back Time Payments?

California workers are exempt or nonexempt from back pay. Nonexempt workers are eligible for back pay, including salaried or hourly employees. These workers mainly offer professional technical, clerical, or mechanical services. Some are paid a salary and must work within particular hours of the day. Others are paid on an hourly basis. Some non-exempt employees are paid on a piece rate, and others on a commission basis.

Exempt employees are not subject to most labor laws that apply to non-exempt employees, including the meal and rest break laws. They mainly include independent contractors and white-collar workers working on a commission basis. Talk to a skilled labor law attorney about your eligibility for back pay if your employer has not paid you as you deserve for your dedication and time. A competent attorney will consider your work description and contract to determine whether you are exempt or non-exempt for back pay.

Filing a Lawsuit Against Your Employer

If your employer violates employment laws, you can file a wage claim against them with the Labor Commission’s Office or sue them in a civil court. Your claim should provide details of the labor law they have violated and the value of your wage claim, including what your employer owes you and additional damages (if they apply in your case). Here are some of the reasons you will provide in the claim against your employer:

  • They misclassified you as an independent worker

  • They failed to pay you for overtime

  • They denied meal or rest breaks without pay

  • They did not pay you your full wages

  • They failed to adhere to the minimum wage rate requirements

  • They misclassified you as an exempt employee

If your claim is valid and sufficient evidence supports it, the Labor Commissioner’s office can mandate that your employer pay the full back pay according to your claim. The commissioner’s office deals with such cases on a case-by-case basis. Your case will be determined based on the type and severity of the claim and your employer’s willingness to cooperate. If your employer fails to compensate you for your damages after receiving the pay order, you can sue them in a civil court.

The process can be complex and challenging to navigate alone, especially if you are unfamiliar with the labor laws and the court processes. However, a competent labor law attorney can help you prepare documents, gather evidence, and file your claim. They will also ensure you understand your rights to protect yourself.

The Statute of Limitations for Back Time Claims

The statute of limitations provides a timeline within which specific cases and claims must be filed with a court to maintain validity. The statute gives you a deadline by which you must prepare and file a wage claim or a lawsuit against your employer. If this timeline elapses, you are no longer eligible for compensation, regardless of your strong claim. The statute of limitations ensures that all civil cases are heard and determined within a reasonable time. It ensures that petitioners are compensated in time to recover their damages.

Generally, you have three years from the recent violation or discovery to file a wage claim against your employer in California. If your case involves a wage and hourly violation, whereby your employer violated an oral agreement, you have up to two years to file a claim against them. You have up to four years to prepare and file your claim if the agreement was written.

If you wish to file a claim under the Fair Labor Standards Act for violations of the wage and hourly laws, you have up to two years to prepare and file your claim. You can receive wages within that time before filing the claim if your employer has another similar pending case.

Remember that filing a claim after the provided timeline will likely result in dismissal. However, this does not mean your claim will be automatically granted if filed within the required timeline. The relevant authority must review it to determine its validity before making the final determination.

Find a Competent Labor Law Attorney Near Me

Employers are responsible for ensuring workers are fairly compensated for their time and effort. They must abide by all labor laws, including minimum wage and overtime. You can claim compensation if your employer violates one or more labor laws by failing to compensate you fully for what you deserve. For example, you can file a back time claim for any unpaid wages your employer has failed to pay by violating a labor law.

At Stop Unpaid Wages, we help workers like you fight for what they deserve, including full compensation for their time and effort. We can help you understand the validity of your claim and develop a solid claim against your employer. We will protect your rights and help you navigate all complex legal processes. Call us at 424-781-8411 to learn more about your rights and our services.