Unpaid Wages in California
California Labor Law: Defining Unpaid Wages
Despite a robust public policy encouraging employers to create timely payment of wages and both federal and state statutes that demand it, many personnel are not paid the wages they are owed. If you think maybe your employer has treated you unfairly, you should understand your rights and potential remedies.
Classification of Worker
A threshold consideration would be that the general rule within the California Labor Code is only employees, not independent contractors, have the ability to make claims for unpaid wages. However, the truth that a worker is regarded as an independent contractor through the company is not conclusive. Whether a staff member/employer relationship continues to be established is really a matter to generally be dependant on the main points and circumstances in the specific situation. Although an impartial contractor might not exactly bring a wage claim, he or she has other legal protections regarding disputed payments.
Sort of Compensation
Different rules apply according to the employee’s status as:
Additionally, bonuses, benefits and vacation pay may be treated differently from wages, and different groups of workers may have special rules that apply.
Common Unpaid Wage Issues
A San Diego, Ca employment law attorney can evaluate your specific situation to find out if you do have a legitimate claim, but listed here are one of the most often reported issues:
• You have to be paid no less than the minimum wage for all those work you performed, regardless of whether unauthorized, completed both at home and “off the clock,” including, in many instances, should you worked solely on commission or by piece rate.
• You must be paid overtime for any hours worked over eight hours in a single day or higher 40 hours in a single week unless your employment is exempted from overtime.
• You are eligible to a paid 10 minute rest period for each four hours of labor.
• In case you are fired or fired, you must be paid all that is owed you upon your termination.
• In case you quit giving no less than 72 hours’ notice, you should be paid when you leave. Otherwise, you need to be paid within 72 hours.
• In case your employer provides vacation, all unused vacation time need to be paid as wages when you leave.
Penalties for Violation of Wage Law
An employee who prevails in a wage claim can be qualified to as much as 4 weeks wages, interest on the unpaid ages, reasonable attorney’s fees as well as other reasonable costs from the lawsuit filed.