Costa Mesa Wage and Hour Lawyer

Costa Mesa offers residents a sunny, southern California lifestyle. However, when an employer fails to live up to their terms of agreement with an employee, it can have a devastating impact on their ability to enjoy their lives.

As a resident of California, you are entitled to fair employment, on-time payment for wages and overtime, and the right to file a claim against your employer if they fail to live up to these agreements. If you feel your employer has violated your compensation agreement through unpaid wages, it is important that you contact a Costa Mesa wage and hour attorney, like those at the Law Offices of Corbett H. Williams, who can help seek to recover the lost wages you may be owed.

California Wage Theft

Costa Mesa employment, whether part-time or full-time, is protected under both federal and state labor regulations. Under these laws, employees are to receive the correct wages, overtime, bonuses, and sales commissions that they are owed. Failure to meet these compensation agreements puts employers at risk of legal action from both their employees and the regulatory entities. Unpaid wages, sometimes referred to as wage theft, can occur in many ways, including:

• Denying or changing an employee’s agreed-upon salary without notice.
• Withholding tips an employee has earned.
• Requiring an employee to work through breaks they are entitled to.
• Wrongfully classifying employees as independent contractors.
• Withholding money from an employee’s paycheck without legal cause.
• Providing false time clock information or falsifying a paycheck.
• Denying employees at least the minimum wage by state or local ordinance, whichever is higher.
• Failing to pay earned wages and compensation at the time of termination.
• Failing to pay earned overtime wages.
• Requiring an employee to work off-the-clock by asking them to complete tasks for the company before or after their regular schedule without pay.
• Withholding earned commissions or bonuses that are established in the employment agreement term

There Are Options

If an employee suspects that they may have had their wages wrongfully withheld from them, then they need to know what their options are to recover their lost compensation.

• Talk to your employer. Speaking with your employer allows them an opportunity to correct the mistake if one was made. Employers are often incentivized to do so because they do not want to face the legal ramifications for any mistakes that may have been made. Additionally, it gives an employer a chance to investigate what happened, as it may have occurred to other employees as well.
• Collect evidence. Keeping records of your compensation is generally common practice, with most records available in digital formats. However, you will want to specifically keep track of any tax information, pay stubs, employee contracts, time cards, and communications that you have sent or received in regards to the missing wages. If you have a verbal conversation, be sure to follow up the conversation with an email summary of what was discussed.
• Act quickly. There is a statute of limitations for unpaid wages of two to four years, depending on the circumstances. If speaking with your employer yielded no results, and you still feel they have committed wrongdoing, a Costa Mesa wage and hour attorney can help sort out the details.
• File a claim. While working with an unpaid wage attorney, you may be directed to file a benefit violation claim with the California Division of Labor Standards Enforcement or civilly in a court. Both seek to recover any lost wages, but the circumstances of your case and your lawyer will guide you through the best process for you.

Benefits of Unpaid Wages Lawyer

Using the services of an employment lawyer provides many benefits, including:

• Assistance in filing lawsuits to avoid do-it-yourself mistakes.
• Helping to protect you from retaliation as a result of discrimination by your employer.
• Navigating the complex legal system to help you save time and money.

FAQs

Q: How Do You Tell Your Boss That They Forgot to Pay You?

A: Inform the appropriate person at your workplace about the missing pay in private. This can (and probably should) be done in writing with a follow-up conversation or visa-versa. This puts the conversation in writing but also confirms that it was discussed. If they do not correct the error, or refuse to, then you should speak with an attorney about litigation options.

Q: What Is It Called When You Do a Job Without Getting Paid?

A: Generally, this type of work is known as voluntary or honorary work. However, if there is an agreement that you are to be compensated for work that you complete and your employer fails to provide it, then you may be entitled to the pay plus damages. Contacting a labor law attorney can help you understand your options.

Q: Can a Company Withhold Your Pay If You Don’t Give Your Notice?

A: Under the law, you are entitled to receive wages reflective of the work you completed up until you quit. Your employer may not withhold any wages for any reason. However, if you do provide proper notice and if your employer fails to pay you, then you may be entitled to additional compensation during what is known as the “waiting time.”

Q: Is It Legal to Hold an Employee’s Salary in Orange County?

A: Employers have a legal obligation to provide their employees with compensation. There is no law that allows an employer to withhold an employee’s paycheck. Both the U.S. Department of Labor and the Division of Labor Standards Enforcement have strict laws governing this.

Costa Mesa Labor Law Attorneys

Missing wages can be difficult. The compensation an employee receives is important for them and their family’s livelihood. When an employer fails to live up to their legal obligations, it can be devastating. If you feel that your employer has wrongfully withheld compensation from you, contact the Law Offices of Corbett H. Williams and let our attorneys review the details of your case and help to determine your options. Our service and commitment will bring you the personalized experience you deserve to help you quickly resolve your case.