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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.
Minimum wage, bounced paychecks, unpaid overtime, improper deductions, unpaid wages owed at termination, and break periods are the most common wage and hour claims. Wage laws in California penalize underpayment, nonpayment, failure to provide break periods, and requiring employees to work more than seven consecutive days.
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.
Wage disputes can arise for a variety of reasons. To make matters worse, federal and California labor laws governing employee wages are both extensive and complex. The complexity can trigger other employment and labor law issues such as eligibility for overtime pay and the misclassification of an employee.
The minimum wage in California is higher than the federal minimum. In California, workers are guaranteed the minimum wage of $14 per hour, although depending on the number of employees at a company, recent legislation has increased the amount to $15 per hour.
Some exceptions can apply. Employers may pay employees on a commission basis rather than a set hourly wage, but if the average compensation for a pay period is less than minimum wage, the employer is required to pay the employee the difference.
A worker who receives less than the minimum wage can elect to bring legal action against their employer. Workers who have been paid less than the minimum wage have the right to recover both the unpaid wages and “liquidated damages” equal to the wages owed. Workers may also be able to recover attorneys’ fees, costs, and interest, which can be substantial.
Also, under the California Labor Code, an employer is not allowed to pay wages or other compensation with a check that is not backed by sufficient funds or is not linked to a valid bank account. An employer who violates applicable sections of the California Labor Code for bad checks will be liable for late payment penalties from the date the paycheck was owed until the employee receives payment (up to 30 days) unless the employer can prove the bouncing of the check was inadvertent.
In California, nonexempt employees who work over 40 hours a week must be paid at least one and a half times the regular rate of pay for hours over the 40 mark and at least twice the rate for more than 12 hours in a single day. If an employee works more than 6 consecutive days in a work week, overtime pay is doubled after the 8th hour on the 7th consecutive day.
Employees in California are entitled to meal and rest breaks during the course of their workday. In general, an employee who works a shift of at least five hours must be provided with a 30-minute meal period; if the shift is ten hours or longer, the employee is entitled to a second 30-minute meal period. The employee must be relieved of all job duties during the meal period, and the meal period must be uninterrupted. In addition to meals, an employee is entitled to a 10-minute rest period for every four hours worked.
If an employer fails to provide meal or rest breaks, the employee is entitled to one hour of regular pay for each workday on which the meal or rest period was denied.
When an employer violates the California Labor Code, employees can file a complaint with the Labor Commissioner’s Office Division of Labor Standards Enforcement.
Workers who receive performance bonuses as part of their compensation are afforded some protection under California law. Bonus plans, for example, cannot include deductions for workers’ compensation costs. Furthermore, non-exempt employees’ bonus plans may not include deductions for cash shortages, equipment breakage, or loss (unless caused by the employee’s dishonesty, intentional wrongdoing, or gross negligence).
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.
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:
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.