Contact us if you have a question about whether your are owed overtime, double time, commissions, wages, bonus pay, or pay for meal or rest breaks. We want to explain to you what overtime is, what prevailing wage is, and when you are an exempt versus non-exempt employee.
Your employer is required to pay you for all time worked in California. If you haven’t received all of the compensation you deserve, you may be able to file a claim against your employer.
Only an experienced attorney can determine the value of your unpaid wage claim, which may include the wages you are owed, interest, penalties and other damages.
Some years back the author of this article wrote about a fairly new national labor attorney who met with union activists at the AFL-CIO convention. Although there was promise of the Federal minimum wage being hiked many years ago that did not, and we are onto the second President since the signs of promise. However, California minimum wage has raised countless times over the last ten years. Minimum wage in the City of Los Angeles and County of Los Angeles has similarly risen as has been the case in numerous California cities. Experts expect that he will further worker rights, aggressively enforce existing labor laws, and go after employers for wage theft. He may also deal with issues pertaining to undocumented workers.
In the old days, wage theft meant the employer was taking back earned wages. Wage theft happened when employers required employees to buy things from them, or rent their property (e.g. the company store). Failing to properly itemize the hours worked on a paycheck is modern wage theft under California Labor Code §226 . Failing to properly pay any wage due is wage theft.
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Particularly offensive wage theft we are involved in includes failing to reimburse for mileage to the point that failure to reimburse amounts to more than 20% of the employee’s monthly wages. Failing to reimburse for employment related expenses is also wage theft. We also have a case where massive travel expenses were not reimbursed to a truck driver. This is a particular problem for truckers who incur hundreds of dollars a day in expenses and may be illegally forced to pay the fuel expense of the truck they are driving that is their employer’s.
Secretary Perez is also expected to deal with the conditions of the immigrant workforce, often illegal. In California, undocumented workers can sue for sexual harassment. They can also sue for an unpaid wages such as their hourly wage,minimum wage, salary, overtime, and meal break violations, and paychecks never received. In these lawsuits, other than involving the loss of employment, it is impermissible to ask about immigration status. Illegal aliens who are not authorized to work cannot sue for wrongful termination or the loss of a job the law views them as not being legally authorized to have in the first place.
Wage and Hour Law is Very Technical.
Please consult with a Labor Lawyer.
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Your employer is required to pay you for all time worked in California. If you haven’t received all of the compensation you deserve, you may be able to file a claim against your employer. Only an experienced attorney can determine the value of your unpaid wage claim, which may include the wages you are owed, interest, penalties and other damages.
The information on this page may not be applicable if you are a public employee or a union member or because of a number of other factors. Consult our experienced employment attorneys for information about your wage issue.
Examples of Unpaid Wages
If your employer is willing to cheat you out of all of the compensation you deserve, it may be doing the same to other employees. For this reason, our lawyers often handle unpaid wages claims as class-action lawsuits.
Protection for employees: If your employer fires you or punishes you for filing an unpaid wages case, it may be subject to additional damages. If your employer takes the case to court and loses, it may be required to pay your attorney fees.
Dealing with unpaid wages can get complicated as there are many set rules and regulations. At Employment Lawyers Group, we will help you get what you deserve if you have not been compensated for your time. Most labor lawyers will only take cases for Unpaid Overtime, Meal Breaks, Prevailing Wage, or minimum Wage violations on a classwide basis where your recover will be diluted.
Call 1-877-525-0700 toll free. We handle all cases on a contingency fee basis with no upfront costs. Please do not rely on this page for legal advice. The law is very fact specific to each case. In addition, The law frequently changes and there are legal doctrines not explained here in that must be understood in order to understand law.