As an employee in California. Certain laws have been put in place to ensure you are fairly compensated for the hard work you provide your employer(s). In this blog post we will shed some light on what constitutes unpaid wages.
Unpaid Wages:
Unpaid wages refers to employers who have failed and/or are failing to pay their employees fair compensation. This can include: withholding tips, failing to pay overtime, misclassifying an employee, or lowering your rate of pay without prior notice.
Paying Less than the Minimum Wage:
Employers are required to pay employees minimum wage in accordance with state laws. If you have been receiving below the law's requirement, you may be able to recover your unpaid wages.
Unpaid Breaks and Lunches:
Employees are entitled to rest and meal breaks in accordance with State and Federal laws. If an employer fails to provide the required rest and meal breaks or requires you to work through these break times, you may be able to recover unpaid wages.
Withheld Paychecks:
Hourly employees are entitled to receive paychecks in a timely manner, according to state regulations. If your employer delays and/or withholds these payments, you may be able to recover unpaid wages.
Overtime Violations:
Hourly employees are entitled to receive overtime pay. Overtime pay is typically 1.5 times your regular hourly rate for any hours worked beyond the standard 40 hour work week. Many employers misclassify employees to neglect overtime pay and/or fail to record overtime hours accurately. If this has happened to you, you may be able to recover unpaid wages.
Misclassification Of Employees:
Employers may intentionally misclassify employees as independent contractors to avoid providing benefits, overtime pay and other protections offered to hourly employees. If this has happened to you, you may be able to recover unpaid wages.
Tip Theft:
Hourly employees in the service industry, such as restaurant staff, bartenders, valet drivers and others rely on tips as a significant portion of their income. Many employers engage in illegal “tip-pooling" practices, where tips are distributed to non-tipped employees or in some cases never dispersed to the proper staff. If this has happened to you, you may be able to recover unpaid wages.
Common Workplace Examples:
Common examples not mentioned above are not limited to but can include not reimbursing employees for work-related expenses. Not providing a specified amount of sick leave as required by law. Illegal deductions from your paycheck without consent.
Documentation to Gather:
Information on your employer such as their company name, number, email, address, number of employees and more will all be useful to a potential claim. Tracking all hours worked on your own in addition to any system the company has in place is highly recommended. Maintaining records of all paystubs and any other type of compensation received will be highly useful
to a potential claim.
Contact Sani Law For A Free Consultation
If you believe you have a potential case or if you have any questions, contact Sani Law for a free consultation.
