As an employee, you should receive proper and adequate compensation for the work you do for your employer. The employment laws in California are clear on this point. Even so, many employees are likely to encounter issues related to inadequate work compensation or non-payment of wages.
That may happen due to a lack of understanding of labor laws on the part of the employer. Some employers may be willing to change their stance once they understand what is expected of them by law. Others may remain recalcitrant, and you may have to seek legal counsel from an experienced unpaid wages attorney to resolve the issue.
California law: Wage requirements
Before pursuing an unpaid wage claim against your employer, it is essential to understand California’s wage requirements:
Wages are dependent on the exempt and non-exempt status
As per the employment laws in California, the wage requirements are different for exempt and non-exempt employees. You are an exempt employee if you have a full-time job and receive a salary that is twice the minimum wage for working the same number of hours in a single month. You are a non-exempt employee if you receive an hourly wage and work eight hours a day or 40 hours a week.
There is a legally specified minimum hourly wage rate
If you are a non-exempt employee and work for an employer with 25 or fewer employees, you are legally entitled to receive a minimum hourly wage of $13. If your employer has 26 or more employees, you are entitled to receive $14 as a minimum hourly wage. Employers who ignore the law about minimum hourly wage and underpay their employees are liable to receive hefty fines.
Employers must pay for any overtime work
According to the law, your employer must pay you for any work you do for them. So, if you work overtime at your workplace, they must pay you proper compensation for it. Overtime pay is one and a half times that of the regular hourly wage. Any work you do over the usual eight hours per day is overtime work. So, if you work for eight hours every day at your workplace, and your employer asks you to work for four more hours, those four hours count as overtime, and you must get overtime pay for them.
If your hourly wage is $14 and you work for eight hours daily, what you earn per day is $14 x 8 = $112. Your overtime pay for four hours is $14 x 1.5 x 4 = $84. Your total earning is $112 + $84 = $196.
Employers must pay double-time pay
Any work you do that exceeds 12 hours per day entitles you to receive double the amount of your regular minimum wage. So, if you work for eight hours at $14 per hour in one day, you get $112 for those eight hours. For the four hours after that, you get $84. And if you work for four hours more afterward, you get $14 x 2 x 4 = $112 in double-time pay. That means, you will have earned $112 + $84 + $112 = $308 in total on that day.
How to pursue an unpaid wage claim
You can do the following to pursue an unpaid wage claim against your employer:
• Maintain an accurate wage record showing your exact work hours, when you come to work, when you take breaks and for how long, and when you depart from the workplace.
• Discuss the matter with your employer to make sure the unpaid wages are not a genuine oversight on their part.
• Contact an unpaid wages attorney if your employer is deliberately engaging in wage theft.
• File a claim with the Labor Commissioner’s office within three years to recover the unpaid wages from your employer.
A knowledgeable, experienced unpaid wages attorney will represent you in court if the matter goes to trial and make every effort to get you justice. Many attorneys offer a free initial consultation during which they will review your case and inform you about the possible legal outcomes. During the meeting, it is advisable to inquire about their legal fees and the compensation you can expect if you win.