California's wage laws provide employees with significant protections. Being paid what you have earned, on time, is essential for you to afford your necessities, such as food, transportation, or housing. An employee who is not paid on time according to law may recover their unpaid wages, interest and other costs.
In some situations, employers violate California's wage laws to make more money. They attempt to avoid employee protections such as minimum wage, overtime, or rest period laws to gain as much labor for themselves at as little cost as possible. Employers commonly avoid compensating workers for their labor in several ways:
Improperly classifying employees with minor managerial duties as exempt supervisors to avoid paying for overtime. Non-exempt employees are usually hourly employees who are entitled to overtime pay and other benefits.
Failing to pay commissions, tips and other wages.
Failing to give required breaks and lunch breaks.
Failing to provide reimbursement for business expenses and vehicle mileage.
California’s labor code protects every employee who requests their unpaid wages. Employers who retaliate against any employee for asserting their wage payments rights can face significant financial penalties and fines.
An employee may receive up to 30 days of wages for unpaid wages. For example, if an employee makes $15 an hour and works 8 hour a day, their daily rate would be $120. $120 is multiplied by 30 work days for a total of $3,600.
In addition, an employee who has their wages paid late may recover:
Interest on their unpaid wages.
And the cost of a lawsuit.
Unfortunately, many employers do not follow proper procedures upon terminating their employees. Payment that is owed to fired employees is often not made at all, or well after the legal requirements that protect employees.
An employer’s obligation to pay terminated employees is strict and clear. The following wage laws apply to terminated employees:
An employer who discharges an employee must immediately pay all compensation due and owing.
Payment shall be made within 3 days at the place of labor or if authorized, by direct deposit.
Employees who resign must be paid within 72 hours of resignation or on their last day of work.
Where the employer willfully violates the provisions, waiting time penalties of up to 30 days wages may apply.
Our attorneys believe that every worker should be paid when promised. More importantly, we believe every worker deserves to be paid under the protections of the law. If you suspect your employer is misclassifying your job position to pay you less or hiding payments you are legally entitled to, let the attorneys at Optimum Employment Lawyers help. Call (949) 954-8181 for a no-cost consultation to determine your rights to be paid fairly for your hard work.