Wage violations are more common than you think. Employers are legally required to pay wages to their employees in exchange for the work that they do. However, employers often default on payments, including not paying salary on time, not compensating for overtime, not paying bonuses, and misclassifying work, among numerous other reasons.
If you are in Los Angeles and think that your employers are not conducting wage violations, it is important to seek help from the Kingsley Szamet Employment Lawyers. In the article below, we will discuss some of the common wage violations and what you can do in such situations.
Common Wage Violations in California
Minimum Wage Violations
Employers are entitled to pay their employees the highest minimum wage, whether the federal, state, or local rate. The minimum wage in California is higher than the federal minimum wage, and in exceptional cases, states like San Francisco have even higher minimum wages.
To calculate the minimum unpaid wage, you need to subtract the total wage you are being paid from the minimum wage that is applicable.
Unpaid Overtime
Unpaid overtime is one of the most common wage violations. Employees are entitled to time and a half if they work more than 8 hours in a day or more than 40 hours in a week. Employees are also entitled to double time for the hours worked beyond 12 hours in a work day or for any hours beyond the first 8 hours on the seventh consecutive work day.
However, you need to remember that not every employee is qualified for overtime. Generally, “white collar” employees who are either in sales, administrative work, or managerial positions are exempt from overtime. Now, you may not fall under the exempted category, and still, your employer may not provide you with overtime wages. In this case, seeking help from an unpaid wage law firm is a good idea.
Paid Sick Leave
In California, you are entitled to one hour of sick leave for every 30 hours worked. You can take sick leave to diagnose and treat a prevailing medical condition, either for yourself or for your loved one. If your employers don’t allow you to take the sick leave you are entitled to and you have to take unpaid leave for the same, you must know that you have the full right to fight against it.
Unpaid Time Off
Although federal law does not mention taking rest breaks between workdays, you are still entitled to do so if and when your employer allows it. And even while you are on the break, you are entitled to regular wages.
If your employer unlawfully deducts your wages, even when you have the right to take a break, you may file a lawsuit.
How Do I Claim Unpaid Wages?
If you are a victim of unpaid wages, you can file for your claim with the California Labor Commissioner’s Office. All you need to do is visit the website and follow the instructions mentioned. However, before you file for a claim, you must communicate with your employer and inform them about the unpaid wages. Only in a situation where they refuse to cooperate do you have to file for a claim officially.
Now, no matter what step you take, it is crucial to understand the statute of limitations in California. This means that you have to move quickly and file for a claim within three years. Now, if you plan on filing a lawsuit, it is important that you seek the help of a lawyer. Taking professional help is great if you are not confident about filing for the claim yourself.
Unpaid wages are very common. So, seeking the help of a professional will help you determine the path you must take.
Conclusion
If you are a victim of unpaid or unfair wages, you must know that help is right around the corner. As an employee, you have the right to file a claim legally. However, before you take any legal action, make sure to communicate with your employer because most of the time, these issues are an honest mistake that can be resolved easily.
