Workers in California have the right to fair employment, the right to receive all wages for hours worked and overtime pay on time, and the right to file a wage claim lawsuit if an employer violates their rights. From Orange County to Sacramento to San Diego and beyond, all California employees have employment law protections that can assist them in getting the wages for which they worked. The Unpaid Wages Attorney in Los Angeles at Melmed Law Group P.C. helps California employees who are victims of wage theft.
Has Your Employer Failed To Pay You the Wages You’ve Earned?
If so, under federal and California labor laws, you may have the legal right to recover those wages along with additional damages designed to penalize your employer for wage violations. In addition, you may also be entitled to court costs and attorney fees.
What Are Wage Theft, Unpaid Wages, and Overtime Compensation in California?
California protects its workers who are employed on an hourly or salary basis to ensure that they receive the correct payment for their hours worked or salary. This pay includes sales commissions, bonuses, overtime, and regular compensation.
Wage theft is a term that covers a wide range of areas in an employer-employee relationship in which the employee did not receive proper compensation for the time they worked.
Wage theft can occur in any industry, and it can happen when an employer:
- Denies an employee a bonus to which they were entitled
- Fails to pay an employee the tips they earned
- Refuses to pay a salesperson their commission
- Won’t pay an employee for the time they worked off the clock
- Requires an employee to work during their breaks
- Misclassifies individuals as contractors instead of employees
- Takes money from an employee’s paycheck illegally
- Falsifies time clocks or pay stubs
- Fails to pay at least minimum wage to employees
- Refusing to pay an employee who quit or was terminated
Employee wages are serious business in California, and the state and its cities, including San Francisco, Emeryville, Oakland, and Los Angeles, vehemently protect the worker. Any person who is a victim of wage theft in California can get help from our unpaid wages attorney or overtime lawyer who can bring these violations to light and help employees through their wage claim.
Millions of Dollars Are Stolen From California’s Employees Every Year in the Form of Wage Theft.
Every single day, our office fights for the rights of California’s workers who are victims of wage theft. Wage theft affects all industries. For instance, even hard-working individuals working as IT workers, service technicians, installers, sales representatives, nurses and other healthcare employees, retail workers, tipped workers, agriculture employees, call center employees, personal bankers, personal mortgage brokers can be victims of wage theft.
If you were denied overtime or otherwise paid improperly, you may be able to file an individual lawsuit or a collective action lawsuit on behalf of yourself and other employees. You have the right to be paid for all of your hours worked.
How Much Does It Cost to Hire an Attorney to Assist Me With Unpaid Wages or Overtime Claim?
Our employment law firm represents victims of wage theft on a contingency fee basis. This means that the client does not pay any expenses out of pocket, and does not pay attorneys fees until the case is won or settled. If the case does not settle or does not result in any recovery, then the client does not owe any attorney fees. Our unpaid wages lawyer is paid a percentage of what is recovered at the conclusion of the case.
What are the responsibilities of employers in California regarding wages and overtime pay?
California employers have several responsibilities that they must meet to avoid instances of wage theft and stay in line with California labor laws. The following categories are ones that employees commonly seek lawyers for legal advice about employee wage laws.
Wages and Overtime
Wages refers to the regular paycheck an employee earns for their work. Employee wages can include the hours worked or a salary. Overtime pay is money for any additional hours worked past the traditional workweek hours.
An employer must pay both wages and overtime rates on time. California employers should also pay at least the minimum wage for employment positions that fall within minimum wage guidelines. Each employee also has the right to receive a wage statement with every pay period that outlines their regular and overtime wages.
If an employer does not adhere to minimum wage laws or on-time and correct payments of wages and overtime rate pay, they can incur penalties for their violations
Meal and Rest Breaks
California law states that employees who work for five hours must be granted a 30-minute break. On-duty break periods—those in which employees are not permitted to leave their place of employment – are the employer’s responsibility to pay.
If an employer doesn’t follow the laws for the individual meal and rest breaks, an employee may receive compensation in the form of one hour’s worth of wages for each day they did not receive a compliant meal or rest breaks.
Some employers may ask workers to perform work before clocking in or after clocking out for the day. One example might be asking an employee to complete job duties, like sending emails, answering phone calls, and filing paperwork, for an extra hour at home without clocking in. These off-the-clock duties are not allowable under California law.
All work that an employee completes should be trackable so that pay records can include them for the employer and the employee’s records. Any time an employer asks a worker to work for free or work without clocking in without an agreement for payment, that employer violates labor laws.
Commissions and Bonuses
Before accepting a job position with a company, employees should understand their employment conditions, including whether they will work for commissions or bonuses and how their payment structure works. Commissions are generally for people in sales positions, while bonuses can be for any company employee.
When workers do not receive their commissions and bonuses as agreed upon before beginning their employment, the law can intervene. An employee in California may open an unpaid wage claim or lawsuit against their employer if they believe their employer has withheld their commissions or bonuses wrongfully.
Wages Paid Upon Termination
When a person quits or is terminated from a job, they still have the right to receive their wages for all hours, including any commissions, bonuses, and paid rest and meal breaks. Employers must furnish a final paycheck to an employee immediately upon termination. This paycheck should include all wages and accrued vacation time.
If a person gives at least 72 hours’ notice of quitting and doesn’t have a contract in place that outlines the quitting process, the employer must also have the final paycheck available at the worker’s time of quitting.
An Unpaid Wages Lawyer and Overtime Attorney at Melmed Law Group Can Help Employees Get the Wages They Worked for in California
Employees who believe that an employer has violated their rights through unpaid wages or overtime pay can contact an experienced lawyer team for a free consultation and legal advice.
Melmed Law Group is proud to represent clients who are victims of unpaid wages in California. We have the experience, resources, and knowledge necessary to work on behalf of workers to get the wages owed to them.
A Los Angeles Unpaid Wages Lawyer Will Help California Employees File Lawsuits to Get Their Money
An unpaid wage lawyer represents workers who have fallen victim to wage theft in some form. If a problem exists with pay in an employer-employee relationship, the attorneys on the case will ensure that the worker gets the payment and benefits for which they worked.
Employers have a responsibility to pay their employees without exceptions, such as quitting the job, termination, or failing to perform as expected. Unpaid wage lawyers can work with employees to build their case, present it to the court, and get them their hard-earned money as quickly as possible.
An Unpaid Wages and Overtime Lawyer Team Can Protect Employees From Employer Retaliation
The law does not allow employment companies to retaliate against their employees who decide to make a wage claim against them to get their pay. Suppose a worker believes they are a victim of retaliation as a result of their unpaid wage claim. In that case, an employment attorney can also assist the worker in ensuring that they’re protected against unlawful treatment.
An Unpaid Wages Lawyer Team Will Guide Employees Every Step of the Way in Their Claims
The Melmed Law Group works on a contingency fee basis to support workers in getting the pay they worked for. This means that an employee will not owe their wage lawyers any attorney fees until they’ve won their case in court. If the team does not help an employee win a case, the employee will not owe fees.
Contact the experienced Melmed Law Group to find an attorney who will work to answer questions, give advice, and get an unpaid wage case processed through the system promptly.
Talk to a Los Angeles unpaid wages attorney who fights for California employees and their rights
The Los Angeles unpaid wages lawyers and overtime attorney at Melmed Law Group serve employees across the state of California. If an employee is a victim of an unpaid wage case, they can get the help they need from our experienced attorneys. When an employer denies an employee the wages, overtime, bonuses, or commissions they’re owed, California law protects the employee.
Before moving forward, it may be in your best interest to consult an experienced employment law attorney who can help determine whether you should pursue a lawsuit against your employer. Our experienced Los Angeles wage theft lawyers can help you submit your claim and determine whether there are any other options for recovery of damages. If you’ve been denied the wages you are owed, obtaining a lawyer prior to filing a claim can be very beneficial. An experienced California wage-and-hour lawyer can analyze the evidence and determine the proper strategy before deciding which course of action to take regarding your unpaid wages claim. Contact our law firm for a confidential appointment to discuss your rights with an experienced unpaid wages attorney and overtime lawyer.