Our dependence on money isn’t just about having the finer things in life. It’s about having the basic necessities, like housing, utilities, and food. Everything costs money, and in the last few years, living costs have skyrocketed to where grocery shopping and paying bills have become a major source of stress, no matter what you do for a living. That’s why any shortchanging by your employer makes life difficult, especially if it goes on week after week.
You work hard to earn a paycheck, and your efforts deserve compensation in a timely manner, whether it’s an hourly rate or overtime for going the extra mile. If you are owed unpaid wages from your job, contact California Labor Law Employment Attorneys Group to fight for what is rightfully yours.
Do I Have a Case of Unpaid Wages?
Employers failing to pay the required minimum wage is one of the ways employees can be cheated out of their earnings. Starting in January 2024, the minimum wage in California was $16.50 per hour, though some industries like healthcare and fast-food restaurants have higher minimum wage requirements. So, the minimum hourly rate for workers in California can range from $16 to $20.
Please note that some cities have their own laws regarding minimum wage, like San Francisco, where employees must be paid at least $18.67 per hour. That means you may be eligible for a pay rate that’s higher than the state minimum. If you are making less than the rate of minimum wage, you should speak to a wage and hour violation attorney as soon as possible.
Overtime Laws in California
Under the laws in California, employers must pay overtime to any non-exempt employee that works more than 8 hours in a single work day. Overtime is also paid when someone works over 40 hours or more than 6 days in a single work week. Overtime rates are calculated as 1.5 times the employee’s regular pay rate, or 2 times the normal rate for every hour past the 12th hour of work in a single day. Double pay also applies if for any hour past the 8th hour on the 7th consecutive day of work.
If your wages are not paid according to these rules, you have the right to file a wage claim against your employer. Recovered damages may include the compensation that’s owed to you if you were paid below minimum wage and interest on that amount. Employers may also be charged with civil penalties that are equivalent to $100 for the first wage violation and $250 for consecutive pay periods that in violation.
By the way, it’s likely that underpaying is done across the board for all or many employees at the same company. Affected workers for the same employer may choose to file a class action lawsuit for unpaid wages, which can be beneficial, as you can make a stronger case when many people are being harmed in the same way.
Meal Break and Rest Periods
By law, employees in California are entitled to a 30 minute meal break for every 5 hours of work in a single day. So, if you work more than 10 hours in a single day, you must be given two 30-minute meal breaks that are uninterrupted by the employer.
If you are not receiving these mandatory break times, your employer must pay you the equivalent of 1 hour of work for every break you were denied. In addition, employers must pay for any and all work that is part of the employee’s job duties, meaning you cannot be asked to “work off the clock.” Off the clock work typically involves employers requiring workers to perform pre-shift and post-shift duties during a meal or rest break. Workers must be compensated for these minutes and hours, and failure to do by the employer can result in an employment claim or lawsuit for unpaid wages.
Restitution from Unpaid Wage Case Wins
Unpaid wage lawsuits for minimum wage or overtime can result in compensation, such as back pay and front pay. You may also have the chance to ask for interest on these amounts based on the level of negligence or misconduct by the employer. If your employer delays in paying what is rightfully owed to you, they may be fined $100 for the first pay period in violation. Subsequent pay periods without payment are fined at a rate of $200 per week plus 25% of the amount that’s unlawfully held from the employee’s paycheck. Your employer may also be charged waiting penalties if you were fired or left your job with a pending unpaid wages claim. The penalty amount is determined as the wages you would have earned for up to 30 days if you were still at your job.
Settling an Unpaid Wage Claim
Even if a lawsuit is filed, most cases are not presented in a court setting. Instead, employers and employees usually come to an agreement on the amount of compensation, i.e., a settlement. Normally, you will be asked to participate in a settlement conference after filing a wage dispute complaint with the California labor board. If a settlement cannot be reached, you may need to proceed with a lawsuit. However, you can still work towards a settlement right up until the court date, and this is how over 90% of all unpaid wage cases are settled.
Help from a Los Angeles Unpaid Wages Attorney
Not being paid what you legally deserve continues to be a problem for many workers in the state of California. We know that getting justice can seem like an impossible task, and whether you should file a claim against your employer is a personal decision. However, we want you to make an informed decision after learning about your rights and the legal action that are available to you. That’s why we invite you to a free consultation with one of our legal experts.
If you would like to go ahead with a lawsuit, there is a Zero Fee Guarantee, so you do not pay any fees out of pocket. We charge the cost of legal representation to your employer and ask for it to be paid as a part of your settlement. That means we make absolutely nothing unless you receive compensation.
If you would like more information on suing your employer for unpaid wages at your current or former job, please get in touch with us at your earliest opportunity.
