San Diego Unpaid Wage Attorney

When you work, you expect to be paid. When that doesn't happen, our team is here to help you!

Unpaid Wages In San Diego

Walker Law deals with several types of employment law and compensation claims. One of these is unpaid wages, which accounts for a large portion of the damages awarded in the San Diego area.

If you have not received payment after working for an employer, then we are here to help. As soon as you have attempted to collect your wages owed and the employer has failed to resolve your concerns, you should contact our skillful team to learn how we can represent you.

Because we have in-depth experience in the area of unpaid wages claims, we can handle your case quickly and effectively to ensure that you receive the compensation that you are due. This can be extremely helpful for you and your family, especially if you are already behind on your bills or are still looking for a new source of income.

How We Approach Wage Claim Cases In San Diego

Unpaid wages can leave you worrying about how you will pay your bills or even cause you to incur late fees and overdraft charges. Contacting your employer may help, but if your employer has done nothing to resolve the problem, you need to get legal assistance as soon as possible.

At Walker Law, our attorneys are extremely knowledgeable about employment law. Our experts will help to determine your status right away so that you can pursue compensation for your unpaid wages. We will formulate a personalized strategy, being sure to take into consideration the specific facts of your situation, to ensure the greatest chance of a just resolution.

San Diego Unpaid Wages Claims We Handle

At Walker Law, we can help with many types of unpaid wages claims in the San Diego area. Some of the cases that we have dealt with include:
  • Unpaid overtime wage claims
  • Unpaid minimum wage claims
  • Unpaid double time wage claims
  • Unpaid commissions wage claims
  • Unpaid accrued vacation pay wage claims
  • Denied meal periods (e.g. lunch breaks) wage claims
  • Unreimbursed uniforms or tools wage claims
  • Unreimbursed mileage wage claims
If you have not been paid the wages that you believe that you are entitled to, it is essential that you get sound advice from the wage and hour attorneys at Walker Law. We will advise you on how to pursue your claim, providing you with expert advice and exceptional support. Contact us today for a free case evaluation. We are always available to help and provide the guidance that you need, ensuring that your claim is being addressed.

Frequently Asked Questions About Unpaid Wages In San Diego

I haven’t been given a paycheck from my employer for the hours I have worked. What should I do now?

When this has happened, it is vital to keep a record of your hours worked during the pay period in question. You also need to keep a record of any added costs you have suffered because of your paycheck being late. It is also wise to speak to your employer to find out why you have not been paid when you should have been. It could be because of a bank mistake or a processing error, for example, rather than your employer purposely avoiding paying you. If it is the former, the bank or your employer may cover the expenses you have incurred. If not, it is likely that federal law will cover you.

What should I do if I have been shorted a number of hours on my latest paycheck?

As soon as you have noticed that you have not been paid the correct hours, you must keep a copy of the check you cashed, the pay stub you were given, and a record of your work hours during the period in question. You should then speak to your employer to see why you were underpaid. It may be that it was an honest error that can easily be rectified. If it wasn’t, you will then be covered by the federal law, which states you must be played for all of the hours worked.

What should I do if the check my employer gave me has bounced?

By law, your employer is required to have enough funds to cover all payroll checks. If your check has bounced, you should speak to your employer, as it may be a bank mistake or accounting error, in which case it can easily be rectified. Either way, make sure you keep all documentation from your checking account, the pay stub you received, and a record of your hours for this pay period in case you do need to proceed with legal action.

I am not receiving the minimum wage in my current place of work. Is there anything I can do?

The federal minimum wage in the U.S. is $7.25 per hour. However, in California the minimum wage is $11.00 per hour. Therefore, if you are paid less than $11.00, this is against the law, and you should contact the agency in California regarding this labor standard violation. The U.S. Department of Labor’s Wage-Hour Division enforces this.

I am working overtime but my employer isn’t paying me. Is this against the law?

If you have worked overtime, you will be eligible for extra payment. Per federal law, you need to be paid one and one-half times your regular pay for every hour you have worked in excess of forty hours in one week. In California, if you work more than 12 hours in one working day, you should then receive double your regular rate for the added hours. It is worth noting, though, that there are some exceptions to the overtime law. Some exemptions include outside salespersons, employees in the field of computer software who are paid per hour, taxicab drivers, irrigators, sheepherders, personal attendants who are not covered by the Domestic Worker Bill of Rights, professional actors, and a number of other types of employees. It is a good idea to make sure you do not fall under the exempt list before you proceed with any further action.

My cash register had less money in it than it should have. It was not my fault, yet my employer deducted the money from my paycheck. What can I do?

Unfortunately, there is nothing that you can do in this circumstance. In accordance with federal law, the only enforcement is that the deduction cannot take your pay below the minimum wage if your boss decides to make you bear the expense of the shortage in the cash register. It also cannot lower your overtime compensation. However, if you earn more than the minimum wage and the cash shortage deduction has not taken you below the minimum wage, sadly, there is nothing you can do about it, as your employer has the legal right to deduct the money from your earnings.

I was promised a bonus, yet I have not received it. What can I do?

You won’t be able to go to the federal agency with this issue, but you can take some form of action. The reason you cannot go to the federal agency is because the Fair Labor Standards Act does not demand the payment of bonuses. However, it could be that you are entitled to your bonus because it is included within your contract. If there is any form of legal documentation that shows you were due a bonus, you can use this to take action. This is why it is always important to get a letter of some sort when promised a bonus. The best thing to do is speak to your employer. You can write a formal letter regarding the issue. If nothing is resolved, for big bonuses, seek an attorney, or for small bonuses, you can take it to the small claims court and you usually won’t need an attorney to do so.

I earned commissions, yet I have not been given it. What can I do about it?

You won’t be able to go to the federal agency with this, but you can take some form of action. The reason you cannot go to the federal agency is because the Fair Labor Standards Act does not demand the payment of commissions. However, if you have a contractual right to receive the commissions you earned, you are not out of luck. If there is a clear agreement in place regarding this, you should seek an attorney for large sums, or for small commission amounts, you can take it to the small claims court and you usually won’t need an attorney to do so.

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