Whether you’re a contract employee, hourly employee, salaried employee, temporary employee, or a consultant, you have fundamental rights under federal and state labor laws, including the right to get paid for your work, the right to take mandatory meal and rest breaks, and the right to overtime compensation (unless exempt).
Sadly, some employers routinely violate wage-and-hour laws, exploiting workers to increase their profits. Bringing these unlawful employers to justice is a matter of common interest. If you haven’t been paid the wages you’ve earned, you should take legal action against your employer with help from an experienced unpaid wages attorney.
At Wilshire Law Firm, we offer completely confidential and comprehensive case evaluations to all employees who were illegally denied rightfully earned wages. To discuss your potential wage violation lawsuit, call us at (213) 805-8549. Our dedicated legal team is on standby 24/7, ready to give you information about your rights and best options for recovery of damages.
Minimum Wage Violations
Some regulations regarding pay in California differ from federal regulations. For one, workers in California are entitled to earn at least $10.00 an hour (2016), even though the federal minimum wage is $7.25. Also, California law requires that employees receive the minimum wage plus any tips left for them by patrons of the employer’s business. Wage deductions are allowed only in the following circumstances:
- The deduction is required by state or federal law
- The deduction is expressly authorized in writing by the employee to cover insurance premiums or other benefits
- The deduction is to cover benefits is expressly authorized by a wage or collective bargaining agreement
Employers are also required to pay for every hour worked, including time spent on:
- “Off the clock” work
- Meal or rest breaks that employees have to work through
- Required training programs and classes
- Work-related travel time
- Waiting time the employee must spend on the employer’s premises
Take note – all of these requirements may not apply in certain cases involving employees who are considered “exempt.”
Paydays and Final Paychecks
California employees are entitled to be paid by the 26th of the month for wages earned between the 1st and the 15th of the month, and by the 10th of the month for wages earned between the 16th and the end of the previous month. Employees who are fired must receive their final paycheck immediately. Employees who quit must receive their paycheck within 72 hours, or immediately if they have provided at least 72 hours’ notice.
While employers in California are not required to provide any paid vacation or paid time off (PTO) to their employees, those who do must follow certain guidelines:
- Vacation accrues over time as an employee works
- Vacation can be given to a select group of employees (e.g. managers), as long as legally protected classes are not discriminated against
- While California does not allow “use-it-or-lose-it” vacation policies, employers can place a cap on total vacation accrual
- Accrued vacation cannot expire and must be paid out to an employee upon termination or separation from the employer
What Remedies Might Be Available?
The remedies that may be available if you are successful in a wage and hour claim against your employer are:
- Recovery of all unpaid wages
- Recovery of any unpaid overtime
- An award of interest on the unpaid wages
- Punitive or penalty damages
- Attorney and court fees
Trusted Unpaid Wages Attorneys in California
Contact us now and our award-winning employment law firm will conduct a full investigation of your situation. If we take your case, we will take it to win – and help you get the money you deserve. For more information about what Wilshire Law Firm can do for you, call us now at (213) 805-8549.