Unpaid Wages in California
California Labor Law: Defining Unpaid Wages
Despite a formidable public policy encouraging employers to make timely payment of wages and both federal and state statutes that demand it, many staff is not paid the wages they are really owed. If you believe your employer has treated you unfairly, it is essential to understand your rights and potential remedies.
Classification of Worker
A threshold consideration is the general rule beneath the California Labor Code is the fact only employees, not independent contractors, have the ability to make claims for unpaid wages. However, the reality that a worker is recognized as an impartial contractor from the industry is not conclusive. Whether a member of staff/employer relationship has been established is really a matter to be based upon the information and circumstances of your specific situation. Although a completely independent contractor might not bring a wage claim, she or he has other legal protections regarding disputed payments.
Kind of Compensation
Different rules apply depending on the employee’s status as:
Additionally, bonuses, benefits and vacation pay might be treated differently from wages, as well as other types of workers could have special rules that apply.
Common Unpaid Wage Issues
A The San Diego Area employment law attorney can evaluate your specific situation to see if you do have a legitimate claim, but listed here are among the most often reported issues:
• You have to be paid at the least the minimum wage for many work you performed, even when unauthorized, completed at home or “off the time,” including, normally, if you worked solely on commission or by piece rate.
• You will need to be paid overtime for any hours worked over eight hours in just one day or higher 40 hours in just one week unless your work is exempted from overtime.
• That you are eligible to a paid 10 minute rest period for every four hours of labor.
• Should you be fired or laid off, you should be paid everything is owed you upon your termination.
• If you quit giving a minimum of 72 hours’ notice, you have to be paid after you leave. Otherwise, you should be paid within 72 hours.
• In the event your employer provides vacation, all unused vacation time need to be paid as wages after you leave.
Penalties for Violation of Wage Law
A worker who prevails within a wage claim can be entitled to around 30 days wages, interest around the unpaid ages, reasonable attorney’s fees as well as any other reasonable costs of the lawsuit filed.