Anaheim Wage and Hour Lawyer

Jobs are more than just a way to fill the hours in a day for most people. In exchange for their time and labor, employees are seeking compensation from their employer to pay for goods and services needed by their families. An employee is expected to meet the demands of their job, including arriving to work on time and completing that work on time. However, an employee expects that, when it comes to their compensation, their employer will do the same. This expectation is protected by California labor laws that require employers to pay employees on time. When an employer fails to do so, an employee has several legal options to recover lost wages because their rights are protected by law.

If your employer has failed to pay you the correct wages on time, it is important you seek the help of an experienced Anaheim wage and hour lawyer who can help guide you to recovering the compensation you are entitled to.

California Labor Codes

In addition to California wage and hour laws, California Labor Code Sections 201-204 protect employees from wage theft and employers from any employee who may take advantage of the wage laws to try and gain additional payment. These codes cover several of these situations:

• Labor Code Section 201(a): Employees must be compensated at the time they are terminated from employment by their employer.
• Labor Code Section 202(a): If an employee provides their employer with 72 hours’ notice of resignation, they are entitled to payment on their last day of employment. If they do not provide proper notice, the employer must pay within 72 hours of the employee’s final day.
• Labor Code Section 203: Employers that fail to pay employees properly, or fail to pay a terminated employee, will pay a penalty equal to the employee’s daily rate per day up to 30 days. However, this code also protects employers from an employee that seeks to avoid payment so that they can have these additional fees added to their payment.
• Labor Code Section 204(a): Employers are required to pay employees at least twice per month, once between the 16th and 26th day and once between the 1st and 10th day.

Wage Theft in California

Whether you are paid on an hourly basis or are considered a salaried employee, California labor laws protect your right to fair and accurate compensation. This includes regular wages, bonuses, overtime, and sales commissions. If your employer withholds this compensation either knowingly or accidentally, they have committed an act of wage theft, which is a breach of the employer-employee relationship. Examples of wage theft include:

• Payment of wages after termination: Whenever an employee in California is fired, the law states that they must be provided with compensation for all work completed up to the time of firing. That means at the time of separation, an employee must be provided with payment for all owed wages. This also applies to employees who resign with a minimum of 72 hours’ notice.
• Overtime wages and off-the-clock wages: Working overtime is often incentivized by an additional payment to an employee’s paycheck that is often at a higher rate than regular pay. By law, any overtime worked must be paid no later than the pay period that immediately follows the period in which the overtime was worked. This includes the addition of any time that the employee was asked to work “off the clock,” such as being asked to run errands prior to their shift.
• Commissions and bonuses: Compensation packages for certain employees may include commissions or bonuses that are received on top of regular wages. The payment structure for these items should be outlined at the time of hiring.

Any breach by an employer of any of these is punishable by fines. There can also be damages awarded from any civil suit that is brought against them by the impacted employee. In addition to the above scenarios, there are other forms of punishable wage theft:

• An employee qualified for a bonus, but it was denied.
• Tips an employee earned were withheld.
• An employee was required to work through a break they were entitled to.
• An employee was incorrectly classified as an independent contractor.
• An employer withholds money from an employee’s paycheck without legal cause.
• An employer falsifies time clock information or a paycheck.
• An employer pays an employee less than the state or local minimum wage, whichever is greater.

What You Should Do If You Are a Victim of Wage Theft

If you feel that you are the victim of wage theft, there are steps that you can take to try and resolve the matter.

• Talk to your employer. Often, talking to your employer directly can resolve the matter. Some instances of improper payment are simply the result of human error and can be remedied quickly. This also allows the opportunity for the correction to be made without the additional cost of penalties or attorneys. Further, this provides a chance for your employer to review their procedures to be sure that it is an isolated incident.
• Collect evidence. Retain or obtain any documentation that relates to your wages earned and paid. This includes any time card records, W-2s, paystubs, contracts, etc. If you spoke with someone, be sure to follow up with a summary email to document the conversation. Make sure that you retain a copy of the email for your records.
• Act quickly. Claims regarding wage discrepancies must be filed within the statute of limitations. For wage theft, the circumstances will determine if you have up to two or four years to file. At this stage, you should retain the services of a trusted Anaheim employment attorney.
• File a claim. With the guidance of your attorney, seek legal action to recover the lost wages that you are owed.

How an Anaheim Employment Lawyer Can Help

Working with a trusted attorney can help you recover wages that you are owed due to:

• Improper payment
• Wrongful termination
• Hostile work environment
• Harassment in the workplace
• Discrimination

Employment law violations are taken very seriously in California. The state recognizes the importance of employees to the infrastructure of the economy and their right to earn an income to provide for themselves and their families.

Working with an attorney means a full review of your employment situation. That begins by obtaining copies of your employment records and agreements. Employers are required to provide an employee with written documentation of wages each pay period, including:

• Taxes, retirement, deductions, and any insurance withholdings.
• The number of hours worked.
• The gross and net earnings.

They must also retain a copy of this information for a minimum of three years for both current and former employees. This must be made available to the employee upon request.

After reviewing this information, an attorney will investigate the circumstances surrounding the improper payments to be sure that there were not retaliatory actions taken by the employer. Then, your attorney will guide you through the claims process to determine what compensation options are available to you.

FAQs

Q: Can I Sue My Employer for Not Paying Me Correctly in California?

A: Yes. California law allows employees to file a claim to recover unpaid wages from an employer. This can be done through a wage claim with the California Division of Labor Standards Enforcement, a wage claim through a federal agency, or a wage and hour claim settled in a courtroom lawsuit.

Q: What Can You Do If Your Employer Doesn’t Pay You in California?

A: No matter if you are paid in cash or through a check issued by payroll, an employer in California must pay you for the work you complete. They must also pay you on time and in the manner agreed upon at the time of hiring. If you are terminated from your job, the employer must provide you with any compensation owed at the time of separation. If they fail to meet these obligations, you are entitled to file a claim against your employer.

Q: How Do I Sue for Unpaid Wages in Orange County, California?

A: The first step is to work with an attorney who specializes in wage and labor laws to help guide you through the process. With their help, they can help you recover wages from your employer. They will first attempt to contact the employer via email, certified mail, or other documentable means. If that fails, they will assist you in gathering evidence to file a claim through the channel that is best for your case.

Q: How Long Can an Employer Not Pay You in California?

A: California requires employers to pay their employees their regular wages on time. They must also pay immediately upon termination if they are fired or resign with a minimum of 72 hours’ notice. Failure to pay final wages results in penalties accruing at the rate of the employee’s daily wage for each day it is late, up to 30 days. Failure to pay regular wages can result in civil penalties of up to $200 per infraction, plus the potential for 25% of the amount unpaid.

Anaheim, CA Employment Attorney

If you feel you have been improperly compensated by your employer, contact a knowledgeable and trusted employment attorney. At the Law Offices of Corbett H. Williams, our team can review the details of your case to help you recover the lost compensation. We know how important it is for you to receive proper payment. Contact us today, and we will help you understand your options.