Your employer should pay you for every minute you work, regardless of whether you have an executive employment contract or earn a minimum wage. Regretfully, some managers and businesses attempt to reduce overall expenses at the expense of their employees.

It qualifies as wage theft if your employer declines to pay you the entire amount you are entitled to. Unfortunately, in the busy world of employment, understanding your legal rights can feel like navigating a maze. That is where the services of an experienced employment attorney become vital to protect your rights and ensure the employer pays you all the deserved wages.

Since your employer likely has his/her attorney to help protect his/her best interests, hiring an attorney too can help level the playing field. Our employment attorneys at Stop Unpaid Wages can help protect your rights if you have not received fair wages for your work, wherever you are in California.

What the Federal and State Law Says About Employee Wages

The federal and state laws regulate how much an employer should pay you for your services or work. According to Labor Code section 200(a), a wage is anything promised as compensation for your employment, regardless of whether the amount is fixed or ascertained by the standard of task, time, commission basis, piece, or any other calculation method.

Generally speaking, several extensive regulations and rules are in place to protect your rights as an employee in any workplace. Comprehending how these rules and laws relate to your circumstances could be challenging. Hence, having an experienced attorney you can rely on when you believe your employer has violated your rights is vital during your employment duration.

An experienced employment attorney can assist you in understanding these complex laws and rules and determine whether you have any due unpaid wages or compensation. Under specific circumstances, you could have grounds for a claim against your employer if he/she fails or refuses to pay your due wages or compensation.

Your employment attorney can assist you in determining whether your unique case has viable grounds for a claim against your employer if:

  • You have not received payment from your employer for the vacation time you have accrued, but you were unable to use it
  • The employer has not given you a chance to take your entitled breaks
  • You have not received a premium from your employer for working overtime.
  • Your employer has not paid you for any work he/she she requested you to perform during your off day
  • Your employer has not compensated you for work-related travel expenses and time during a regular workday.

Ensure you give your attorney all the information he/she needs about your employment, wages, and benefits. After evaluating the facts of your case, your employment attorney will know whether you have a valid ground for a claim against your employer.

If your attorney discovers that your employer may have breached any laws pertaining to your wages or hours, he/she can help you prepare a claim against him/her. An alternative is to submit a claim against the employer to the Department of Labor. The Department of Labor will conduct a hearing to determine the appropriate outcome in these cases.

However, when you file your claim against your employer through the Department of Labor, you will lose your right to sue him/her. Due to this constraint, recovering the full amount you deserve for the unpaid wages could be challenging. Your employment attorney will discuss these options with you and advise on the best route to secure a favorable outcome.

How to Know Whether You are a Victim of Unfair or Unpaid Wage Practices by Your Employer

Knowing how much your employer pays you per hour and keeping a record of your work hours should help you estimate how much you will make on payday. Generally speaking, wage theft occurs when your employer:

  • Fails to pay you for your overtime hours
  • Unlawfully deducted some money from your paycheck
  • Pays you less than the minimum wage
  • Forces you to work after work hours
  • Refuses to pay you for any work you completed
  • Unlawfully holds your deserved wages for any other reason

Generally speaking, hour and wage violations by an employer can take several forms. These are a few of the scenarios that many employees encounter, but you have legal options when that happens to you. Below are various ways you can know that you are a victim of unfair or unpaid wage practices by your employer:

Your Paycheck is Less Some Hours

When you detect that your paycheck does not list all the hours you dedicated to your employer's job during a certain pay period, you should consult with him/her to know the reason for the difference. That is why keeping a record of all the hours you spend on your employer's job, including overtime hours, is vital. Your records can go a long way in proving the amount you deserve for a certain pay period.

While the deducted hours may have been an error with the payroll department at your workplace or the bank, some deductions could be deliberate. That is why it is essential to consult with your employer about the deducted hours before considering legal action against him/her.

If the deduction was deliberate, the employer could face criminal charges and pay you the money you deserve for the deducted hours in your pay period. Your employment attorney will help you determine the appropriate action if your paycheck is short of hours.

You Did Not Receive the Required Minimum Wage

Your employer must pay you the minimum wage set by the federal government. The Department of Labor's Wage-Hour Division is in charge of setting the minimum wage. According to the Labor Code, the minimum wage you should receive as an employee increases annually. It will be against the law for an employer to underpay or fail to pay you for your daily work.

Your Employer Has Deducted Some Losses From Your Paycheck

While it is lawful for an employer to deduct some losses from your paycheck, the amount you receive on your paycheck should not be less than the authorized minimum wage that he/she should pay you. Your employer cannot pay you less than the required minimum wage or deduct your compensation for overtime hours.

While it is legal for an employer to deduct losses from your paycheck, there is a limit on the amount he/she should deduct for shortages on the cash register. Your attorney will know whether the amount your employer has deducted from your paycheck to cover his/her business or company loss is lawful and advise you on the appropriate course of action.

You Did Not Receive All the Commissions You Earned

While you cannot file a claim with the Department of Labor for the commissions you have not received, it does not imply that you do not deserve the payment you deserve. The contract you signed for the employment determines the amount and how you should receive your commissions.

If your due commissions are missing, your first step should be to inform your employer about the matter. If your employer is reluctant to resolve the matter after notifying him/her, you should consult with your employment attorney to help determine the appropriate course of action.

Your Employer Does Not Issue a Paycheck

Another sign of unfair or unpaid wage practices by an employer is failing to issue paychecks to their employees. You should promptly document all the hours you worked for your employer during the pay period if you did not receive your paycheck on the scheduled payday.

Ensure you note down any expenses you have had to pay out of pocket due to your check not arriving on time, including interest or late charges you may have incurred because you were short on funds to fulfill your financial commitments.

If this occurs to you, you should speak with your employer to determine whether the error was due to a bank or payroll department error. Usually, the bank will reimburse you for any late charges you have incurred due to the delay if the mistake was their fault.

If you have not received your paycheck or the paycheck does not reflect all the hours you have worked, you should consult with an attorney who understands the ins and outs of employment law without delay. An experienced attorney will know the appropriate course of action in your unique case and offer you the legal representation you need to receive a fair wage.

The Bank Has Not Honored Your Paycheck

If your bank has notified you that it will not cover your paycheck, you should document every hour you put in for your employer's work during that specific pay period. Ensure you keep your pay slip and any other documentation related to your current checking account, and from the specific bank that confirmed you will not receive your payment.

When this happens to you, you should speak with the employer to help determine whether the issue is due to an accounting mistake by the bank or the payroll department. Ensure you also discuss with your employer any interest charges or late fees you have incurred due to the delays and how soon you will receive your compensation.

Employers should generally have enough money to pay their employees as required. When an employer fails to fulfill this obligation, he/she can face criminal prosecution and penalties. If the bank has not honored your paycheck, you should consult an attorney to determine whether you have a viable claim against your employer.

Your Paycheck Does Not Cover Overtime Hourly Pay

If you dedicate more than forty (40) hours to your work weekly, your employer should pay you one and one-half times your regular rate for each additional hour. Since overtime pay rules and laws vary from state to state, hiring a local attorney is important because he/she will know the specific laws and rules your employer should follow when paying for overtime work.

Overtime laws protect you, and your employer must abide by them by promptly compensating you for the overtime hours you have worked. If you have not received fair compensation for hours you worked overtime, working with an experienced employment attorney is a decision you cannot regret.

You Have Not Received Your Promised Bonuses

While the employer is not obligated to pay you bonuses under the law, it does not imply that you do not deserve these benefits. If your contract details that you can receive certain benefits, you should receive them as promised.

Contacting an experienced employment attorney who comprehends your legal rights as an employee is vital if you have not received your promised bonuses per your work contract. However, you should start by notifying your employer that you have not received your bonuses as promised and inquire about the reason for this issue.

If you find out that the employer is withholding your bonuses willfully, your attorney can assist you in seeking a fair amount of bonuses.

Your Employer Filed for Bankruptcy Before Settling Your Due Wages for Hours Worked

If the employer decides to file for a bankruptcy petition asking the court to declare him/her bankrupt, the judge will grant you priority. That means you could receive your due wages before his/her creditors. That is particularly true if you earned wages of up to $4,000 during the past ninety (90) days before your employer filed for bankruptcy.

Nonetheless, the court will consider it as unsecured debt since it is classified as general debt if your earnings are more than $4,000 or you accumulated them more than 90 days before the employer's bankruptcy filing.

If your employer has filed for bankruptcy, consulting with an attorney to help determine whether the bankruptcy judge will approve your unpaid wages should be your first step. Generally speaking, bankruptcy proceedings could require your employer to pay you a lower salary, and at other times, they will not permit your wage payments until the distribution of properties or assets is over.

Ensure you consult an experienced employment attorney soon after your employer files for bankruptcy to know your options for unpaid wages.

The Fair Labor Standards Act (FLSA) at a Glance

The FLSA safeguards your legal right to receive adequate and fair wages for your daily work. This law created child labor guidelines, minimum wages, and eligibility guidelines for overtime pay, and it protects the interests of all workers who work part-time or full-time in the state, local, and federal governments and private sectors.

The FLSA protects you if you are among two (2) or more workers for a company or employer that makes no less than $500,000. This law will also cover you if you are contracted or employed by a government agency, hospital, preschool, school, or a company that offers medical or nursing care to residents.

The FLSA applies to you even though you are not an employee of the employers or companies on this list. In general, practically all jobs are covered by the FLSA, except those specific ones they deem exempt.

How to Determine If You Qualify as a FLSA Exempt Employee

Unfortunately, certain employment positions could make you ineligible for overtime reimbursement and the minimum wage. These job positions include the following:

Professional

If you work in a field that involves learning or science, or if your job involves intellectual pursuits, the FLSA will view it as professional. You are considered a professional under the FLSA because of your specialized field of study. That means you are ineligible for overtime pay reimbursement or minimum wage under this law.

Executive

If your work involves managing a company or department with two or more full-time workers under your supervision and directives, you could be ineligible for overtime pay reimbursement and minimum wage under FLSA.

Similarly, if you are in charge of firing or hiring employees or significantly influence the choices made regarding these actions, you are an “exempt” worker under FLSA. That means you cannot claim overtime reimbursement or minimum wage under this statute.

Ensure you contact an attorney to know your options if you have not received your fair wages and the FLSA deems you an “exempt” employee.

Computer Specialist

The FLSA will not cover you under the overtime pay reimbursement and minimum wage protection if you are a software engineer, programmer, computer analyst, or any other computer specialist.

Outside Sales

While some outside sales agents qualify for overtime pay reimbursement and minimum wages under the FLSA, others fall outside this statute's guidelines. Generally speaking, if your work involves selling goods or services to various customers in exchange for work or payment outside of the place of employment, you will not be eligible for overtime pay reimbursement or minimum wages under the FLSA.

It is crucial to remember that being classified as an "exempt" worker under the FLSA does not necessarily mean you should not receive adequate and fair payment for your work. Additionally, being classified as exempt by the FLSA does not necessarily mean your employer cannot commit wage theft.

Working with an experienced employment attorney is key if you believe you are a victim of your employer's unfair or unpaid wage practices. The attorney you choose will assess and evaluate the details of your unique case to determine the appropriate course of action for securing the reimbursement of the total money your employer owes you.

The Advantages of Hiring a Credible Employment Attorney

Hiring a reliable employment attorney is critical if you believe you are a victim of unfair or unpaid wage practices by your employer. Here are the key advantages of hiring an experienced employment attorney to represent you in a case involving unfair or unpaid wage practices by your employer:

He/she Has Knowledge of the Employment Law

A legal representative with adequate knowledge of the law is critical if you have concerns about unpaid or unfair wages from your employer during a certain pay period. An experienced employment attorney can guarantee adherence to all applicable laws and assist you in navigating the intricate legal requirements to secure reimbursement for all your unpaid wages.

He/she Will Offer You Legal Representation

Since your employer can hire an attorney when you launch a claim about unfair or unpaid wage practices, hiring one can also help level the playing field. The attorney you choose will be your legal voice when dealing with the employer and his/her attorney to represent your best interests, protect your rights, and ensure a favorable outcome in your claim.

He/she Will Protect You Against Retaliation by Your Employer

If your employer retaliates against you after filing a claim against him/her due to an unfair or unpaid wages issue, your attorney can help protect your best interests. Harassment, discrimination in your workplace, or unlawful employment termination are some of the ways your employer can retaliate against you.

Tips on How to Gather Evidence for Your Employment Case

Gathering adequate evidence can increase your chances of securing a favorable outcome when you detect that you are a victim of unfair or unpaid wage practices by your employer. Key documents and evidence that could work in your favor include:

  • Employment offer letters and contracts
  • Time records and pay stubs
  • Communication and correspondence, including text messages and emails
  • Employee handbooks and company policies
  • Your disciplinary records and performance reviews
  • Eyewitness statements

Having this evidence handy to give to your employment attorney can help support your claim and increase your odds of securing a favorable outcome.

Find a Credible Employment Attorney Near Me

Undoubtedly, it can be frustrating to learn that you are a victim of unfair and unpaid wage practices by your employer after dedicating all your time and energy to his/her work. After spending the required hours on your employer's job or working overtime, you deserve your appreciation through timely and fair wages.

Our attorneys at Stop Unpaid Wages are here to help if you are a victim of unfair or unpaid wages by your employer. We will assess your case, work tirelessly to protect your legal rights, and offer practical legal solutions to increase your chances of securing a favorable outcome. Call us at 424-781-8411 to discuss your case with our seasoned employment attorneys, wherever you are in California.