Riverside Wage and Hour Lawyer

Employment is usually a straightforward process: obtaining a job, performing the duties of the job, and receiving compensation. However, it does not always work out that way. When complications arise with your compensation, it can have lasting ramifications on you and your family. Employees in California are entitled to fair employment, on-time payment for regular wages and overtime, and the right to file a claim if an employer fails to adhere to these worker rights. If your employer has failed to pay you the wages you have earned, it is important that you contact a Riverside wage and hour attorney. An experienced attorney can help you file legal action to recover the unpaid wages along with additional damages.

California Wage Theft

Whether a person is an hourly or salaried employee, the state protects employees to ensure correct compensation for their hours worked. This includes regular wages, overtime, bonuses, and sales commissions. When an employee fails to receive fair compensation, this can be considered a breach of the employer-employee relationship and falls into the category of unpaid wages, also known as wage theft. In any industry, wage theft can happen when an employer:

• Refuses to provide a bonus to an employee for which they are entitled.
• Withholds an employee’s earned tips.
• Makes an employee work through breaks to which they are entitled.
• Misclassifies employees as independent contractors.
• Illegally withholds money from an employee’s paycheck.</li >
• Falsifies a paycheck or time clock information.
• Refuses to pay employees at least the minimum wage by local or state ordinance, whichever is higher.

In addition to these, many of the more common forms of wage theft include:

• Payment of wages after termination. In California, an employee must receive any owed compensation at the time of termination, including any wages, overtime, and even accrued vacation time. In cases where an employee receives direct deposit, that benefit is also terminated at the moment the employee is as well. This means that your employer must make arrangements for an alternative payment method. If an employer fails to meet this obligation, they may face legal penalties outside of any suit that you file.
• Overtime wages and off-the-clock wages. By law, you must receive compensation for any overtime work no later than the pay period immediately following the one in which it was earned. If you were required to work before or after your scheduled time, you are considered to have worked off the clock. In many situations, this may look like running errands or picking up supplies. Job-related work, whether it is during regular work hours or not, entitles you to compensation.
• Commissions and bonuses. Whenever you accept a job, it is important to understand the compensation package, including the addition of any bonuses or commissions that are associated with the job. If one or both are a benefit to your position, and you do not properly receive them, they may be considered unpaid wages.

Protecting the rights of workers is a key priority in Riverside. Victims of wage theft should work with wage and hour attorneys to hold employers accountable for proper employee compensation.

Determining If You Are Owed Wages

While it may seem obvious when the conditions above are not met, there are many instances of wage theft that fall below the radar. There are a few questions you can ask yourself to help determine if speaking with an employment lawyer may be in your best interest. These include:

• Are you working more than 40 hours per week, or 8 hours per day, and not receiving any overtime compensation?
• Do you find that your employer requires you to work during your scheduled breaks but is not compensating you for that time?
• Do you notice that you are being classified as an independent contractor when your job duties are those of a regular payroll employee?
• Are you earning tips but not receiving an amount equal to what you earned?
• Are there unrecognized deductions on your paycheck?
• Are you receiving the state minimum wage, but your local city sets the wage higher?

There Are Options

If the answer to the above questions leads you to believe that you are facing unpaid wages, then you need to understand your options to reach a quick resolution.

1. Talk to your employer. Talking directly to your employer may be the best option. Not only does this provide them the opportunity to correct the mistake before it costs either you or them legal fees, but it also brings to light any instances of wrongdoing that are happening. In some cases, if it is happening to you, it may be happening to others as well.
2. Collect evidence. Be sure to retain any evidence, including documentation, that you are able to. This can be in the form of pay stubs, W-2s, time cards, employment contracts, and emails sent. You should also document and retain any record of the times you spoke with someone regarding your concerns. Include the date, approximate time, and the person to whom you spoke, along with a written summary of what was said. Sometimes, following up these conversations with an email summarizing the conversation can help.
3. Act quickly. There is a two-to-four-year statute of limitations for unpaid wages, depending on the circumstances. If speaking with your employer yielded no results, and you still feel they have committed wrongdoing, a Riverside wage and hour attorney can help sort out the details.
4. File a claim. While working with an unpaid wage attorney, a claim should be filed with the California Division of Labor Standards Enforcement (DLSE). Once this has been filed, your attorney will further direct you through any civil litigation that they feel is necessary.

Benefits of Unpaid Wages Lawyer

There are several reasons you would want to work with an unpaid wages lawyer. Not only do they bring their experience to your case, but that experience can become very beneficial.

• Filing lawsuits. While there are ways to do it yourself, using the expertise of an attorney can help make sure that your suit is filed correctly and completely. Any mistake or error in filing could delay your decision.
• Protection from retaliation. The law protects employees from retaliation. This occurs when an employer feels that an employee has wronged them in some way, and they use that to justify treating the employee differently. This could include a sudden shift in hours, a change in schedule, being written up more frequently, or even wrongful termination. Working with an attorney helps to monitor these instances.
• Navigate the legal system. The legal system can be confusing and difficult to understand. Working with an attorney can help you move efficiently through the process. When you are already facing financial hardship from unpaid wages, the legal process may seem like another financial obstacle. However, with the right attorney, you can resolve the matter quickly and save yourself additional time and money.

FAQs

Q: What Can I Do If the Company I Work for Doesn’t Pay Me?

A: After retaining the services of an unpaid wage attorney, you should decide if it is better to file a claim with the Division of Labor Standards Enforcement or to file a lawsuit against your employer. Both will seek to recover the lost wages and other benefits, but an attorney can help you determine which route is best for you.

Q: Can You Refuse to Work If You Haven’t Been Paid?

A: You may not refuse to work, as that may be interpreted as quitting your job. Because California has laws that protect employees whose employment has been terminated, such as waiting time penalties, it is important to continue working or give sufficient notice to your employer that you are going to cease employment. This gives them time to make good on the penalties you are owed, or they could face additional penalties.

Q: Can an Employer Pay You Late?

A: Employers can pay you late. However, this comes with additional penalties. In some cases, the first offense could entitle you to receive additional penalties in the amount of $100. Subsequent instances will cost them $200 each. Furthermore, you could be entitled to an additional 25% of the amount your employer failed to pay on time.

Q: What Happens If a Job Doesn’t Pay You?

A: Not receiving payment for work completed could be costly to an employer. Not only could they face additional penalties, but they could also have to answer to the Division of Labor Standards Enforcement. The resulting litigation can be detrimental to a company’s reputation and could cost them more than the amount owed to you.

Riverside Labor Law Attorneys

If you feel your employer has wrongfully withheld wages or has not met the terms of compensation in your employment agreement, then you should bring an experienced attorney to your side. At the Law Offices of Corbett H. Williams, we have the expertise needed to help you recover what you may be entitled to. Contact us today and let us help review your case and discuss your options. Our service and commitment will bring you the personalized experience you deserve to help you quickly resolve your case.