Huntington Beach Wage and Hour Lawyer

There is an agreement between employers and employees. When a person becomes an employee, they accept that they will provide a skill to the employer for the betterment of the business. Likewise, the employer agrees to provide fair and timely compensation for those services. This compensation allows the employee to take care of themselves and their family. When the employer breaches this contract because they fail to hold up their end of the bargain, the employee is left in a stressful and worrisome situation. However, there are options to recover the wages that were illegally withheld.

If your employer has failed to pay you the correct wages on time, California law protects your right to recover them. In these circumstances, you should seek the help of an expert Huntington Beach employment attorney. They can help you recoup your lost wages and other compensation that you may be owed.

California Labor Codes

In addition to California wage and hour laws, which dictate how compensation should be calculated, California Labor Code Sections 201-204 dictate the obligations an employer has to provide compensation to the employee in all circumstances, up to and including termination or resignation. Under these codes, the law states:

• Labor Code Section 201(a): At the time of termination, an employee must be provided with full compensation.
• Labor Code Section 202(a): Any employee who provides 72 hours’ notice of resignation must be provided compensation on their final day. Without 72 hours’ notice, an employer has 72 hours from the employee’s last day to provide full compensation.
• Labor Code Section 203: Penalties for employers that fail to pay an employee properly are equal to the employee’s daily rate for each day for up to 30 days, until the compensation is provided. However, employers are protected under this provision from any employee who tries to avoid payment on purpose so that they can gain additional money from these penalties.
• Labor Code Section 204(a): At a minimum, employers are required to pay employees twice per month: once between the 16th and 26th day and once between the 1st and 10th day.

Wage Theft in California

Wage theft refers to improper compensation given by an employer to an employee, regardless of whether they are paid hourly or on a salary. Because compensation is protected by California law, violations are considered an act of wage theft. Protected wages include regular compensation, wages, bonuses, overtime, and sales commissions. Examples of wage theft include:

• Payment of wages after termination: Any employee who is terminated must receive full compensation at the time of separation. If an employee resigns with 72 hours’ notice, they are entitled to payment on their last day. Without notice, they are entitled to compensation within 72 hours.
• Overtime wages and off-the-clock wages: Overtime is considered any time beyond 40 hours per week or 8 hours per day. This work is usually compensated at a rate that is higher than the standard rate. Many employees take advantage of this to supplement their income. This extra work must be reflected on the paycheck during the pay period immediately following the overtime hours that were worked. This policy also applies to any “off-the-clock” work you may have been asked to do, such as running errands for the company prior to the start of a shift.
• Commissions and bonuses: Commissions and bonuses are great incentives to drive employee productivity. However, the structure for the amount and timing of these payments should be laid out in the employment agreement at the time of hire.

These violations are punishable by fines from the state and penalties added to an employee’s paycheck. An employee may also file a civil claim to recover lost wages and additional damages. In addition to the above scenarios, there are other forms of punishable wage theft:

• An employee was denied a bonus that they were qualified for.
• An employee was entitled to a break, but they were required to work through it.
• An employee was deliberately misclassified as an independent contractor.
• An employer illegally withholds tips earned by an employee.
• An employer illegally withholds any money from an employee’s paycheck.
• An employer misrepresents the information on a time clock or paycheck.
• An employer denies an employee at least the state or local minimum wage, whichever is greater.

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

There are steps you can take if you feel you are a victim of wage theft. Often, you can seek a resolution without taking legal action.

• Talk to your employer. “To err is human.” Many times, compensation discrepancies are simply the result of human error and are correctable. However, bringing it to the attention of your employer not only helps to solve your situation, but it may prompt a review that can uncover other situations. This also gives your employer an opportunity to correct the issue before they have to face fines and penalties for infractions.
• Collect evidence. Any paperwork related to your employment and compensation is important to collect and organize. 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 and retain the email for your records.
• Act quickly. The statutes of limitations apply to any potential civil suits for unpaid wages. Depending on the circumstances of your case, you could have anywhere from two to four years. However, if you are looking at a potential civil case because the matter has not yet been resolved, you should contact a Huntington Beach employment attorney to review your case.
• File a claim. After obtaining the services of an attorney, allow them to guide you through the process of filing a claim.

How a Huntington Beach Employment Lawyer Can Help

The assistance of an attorney is vital to recover wages that have been impacted by a variety of situations:

• Improper oversight
• Wrongful termination
• Hostile work environment
• Workplace harassment
• Discrimination

Employment law violations are taken very seriously in California. However, the laws can be complicated, and the process can be confusing.

Attorneys will begin with a full review of your employment records, including any documents signed when you were hired and your pay stubs. Employers are required to provide an employee with written documentation of their wages for each pay period, including:

• Retirement, taxes, deductions, and any insurance withholdings
• The number of hours worked
• The net and gross earnings

These records are required to be kept on file for a minimum of three years for both current and former employees. They must be made available upon request.

After a full review of this information, an attorney will guide you through the filing process and recommend what should and should not be included in the claim.

FAQs

Q: What Are Reasons I Can Sue My Employer in California?

A: Employees in California have the right to file a claim against their employers for a multitude of reasons:

• Wrongful termination
• Discrimination
• Harassment
• Retaliation
• Docking or unpaid wages
• Sexual harassment
• Working without proper compensation

While these are a sample of the types of claims commonly brought against employers, any situation in the workplace that you feel violates labor laws should be discussed with an attorney.

Q: Can I Sue My Employer for Emotional Distress in California?

A: Possibly. In California, seeking emotional distress because of an injury or the stress caused by an employer is often covered under workers’ compensation claims, which are not legal claims. However, if the emotional distress is caused by a violation of public policy or other labor violation, then you may be able to file a claim against your employer.

Q: How Long Do You Have to Sue an Employer in California?

A: The statute of limitations for claims against an employer varies depending on the type of claim and the circumstances of the case. In general, claims against employers must be filed within one to four years. Claims regarding wages must be filed within two or four years. Claims involving fraud must be filed within three years. Finally, claims that involve breaches of contracts must be filed within four years.

Q: How Much Does It Cost to Sue a Company in California?

A: The cost to file a lawsuit against a company in California will vary depending on the claim. Most lawsuits average a cost of $10,000, which includes filing fees, copies, depositions, etc. However, most attorneys will cover the costs of this and will gain compensation based on the results of the claim. While this seems like a risk-free option, if you lose your claim, you will often be stuck with the bill for the opposing counsel as well.

Huntington Beach, CA Employment Attorney

If you feel you have been unfairly compensated by your employer or that there are employment violations against you, it is important to seek the help of a trusted, experienced, and knowledgeable employment attorney today. At the Law Offices of Corbett H. Williams, we have a team that is ready to review the details of your case and get to work for you. Contact us today, and we can help you understand your options.