As an employee in California, you are entitled to all of your earned compensation as laid out by the California Department of Industrial Relations. Your compensation includes more than just your hourly or salary wages. It also includes unused vacation owed to you upon employment termination, commissions, bonuses, overtime work, and certain off-the-clock work.
California employers must pay you on days designated as regular paydays, at least twice during a calendar month. Has your employer not calculated your wages correctly? Have you been denied all of the wages you rightly deserve? It is important to realize you have a right to see your payroll records upon making a reasonable request to your employer.
When an employer fails to provide you access to your records, that employer can be fined and subject to civil action. Do you need help collecting unpaid wages from your California employer? If so, contact a proven unpaid wages lawyer in Los Angeles at Kingsley Szamet Employment Lawyers to get help recovering your rightful compensation. We have 29 years of experience that has resulted in $300 million awarded to our clients in employment law settlements and court verdicts.
Talk to a Los Angeles unpaid wage lawyer at Kingsley Szamet about your case in a free consultation. Call (818) 990-8300 or contact us online.
Key Points - Table of Contents
- Unpaid Wages Case Results Recovered for Our Clients
- Why Hire an Unpaid Wages Lawyer in Los Angeles?
- What is Considered Unpaid Wages in California?
- What Is It Called When Employer Doesn't Pay?
- Does My Employer Owe Me Money For Unpaid Wages?
- What Can You Do If Your Employer Doesn't Pay You In California?
- How Long Do You Have to File an Unpaid Wages Claim in California?
- What Is The Penalty For Unpaid Wages In California?
- Frequently Asked Questions
- Need Help Recovering What You Are Owed?
Unpaid Wages Case Results Recovered for Our Clients
- $8,500,000 settlement for unpaid wages involving the denial of meal and rest breaks.
- $8,500,000 settlement for unpaid wages involving serious allegations that the national bank violated overtime pay regulations by denying eligible employees the compensation they were entitled to for working beyond regular hours.
- $2,050,000 settlement for unpaid wages in a case against a major national Inventory, Merchandising, and Staffing Company. This case centered around the practice of forcing employees to pay check cashing fees.
- $1,800,000 settlement in a case against a major national Media Researcher. This unpaid wage case encompassed a number of different of issues, including the practice of forcing employees to pay check cashing fees, denial of overtime pay, and denial of minimum wage.
Why Hire an Unpaid Wages Lawyer in Los Angeles?
Hiring the best unpaid wages lawyer in Los Angeles gives you a decisive advantage, as an experienced attorney understands the complexities of California Labor Code, PAGA claims, and DLSE filing procedures that most employees have never encountered. A unpaid wages lawyer in Los Angeles can help calculate the value of what you are owed, including back pay, overtime premiums, meal and rest break penalties, and interest, ensuring you never settle for less than you deserve. Los Angeles employers, particularly in industries like hospitality, construction, and retail, routinely rely on aggressive defense attorneys to minimize or deny valid wage claims, and having your own legal advocate levels the playing field. At Kingsley Szamet Employment Lawyers, our unpaid wages lawyers work on a contingency fee basis, meaning you pay nothing unless we win, so there is no financial risk in fighting for the compensation you have rightfully earned.
What is Considered Unpaid Wages in California?
Unpaid wages can occur in various ways. These include:
- Failure to pay all wages owed subsequent to termination.
- Failure to pay overtime.
- Failure to pay off-the-clock wages.
- Failure to pay for earned sick time, vacation time, or paid time off.
- Failure to pay fully-earned tips, bonuses, or commissions.
Payment of Wages Subsequent to Termination
As an employee that has been discharged, your employer must pay you all of your wages immediately at the time of termination. Did you know the payment to you includes accrued vacation days not taken while you were employed? You may not realize that, if you are paid by direct deposit, those deposits are terminated immediately after you are fired or quit your job. Therefore, some other method of receiving your last paycheck must be determined based on whether you were fired or quit, as well as the amount of time you were given with the notice. Penalties exist for an employer who willfully fails to pay wages owed to a terminated employee within a designated time frame.
Overtime Wages & Off-the-Clock Wages
You must get paid for your overtime work no later than the pay period following the one in which the overtime was earned. Did you know that an employer that does not pay you your full wages, including overtime, may be liable for more than what you are owed for wages?
Did your employer require you to do off-the-clock work before or after the start of your shift, including running errands or picking up coffee or office supplies? It is important to understand that you are entitled to compensation for all the job-related work you performed for your employer, whether it was during your predetermined work hours or not.
Recovery of Unpaid Wages
Were you denied overtime pay or did your employer require you to work off the clock without pay? If so, you may be entitled to recover not only owed pay but also the penalties and costs of pursuing your employment legal claim. That includes attorney's fees and the cost of going to court.
You may think your issue is a small claim. However, if other employees at your workplace are being treated in a similar fashion, our Los Angeles Employment Lawyers at Kingsley Szamet may be able to combine these cases into a class action lawsuit. By doing so, we may be able to recover unpaid wages for you and your co-workers.
What Is It Called When Employer Doesn't Pay?
When employers fail to pay employees for work done, that is known as "unpaid wages" or wage theft. This situation may occur when an employer fails to pay overtime wages; meet the minimum wage requirement; misclassifies employees in order to pay them less wages or to not provide benefits such as paid leave; fails to give employees proper rest breaks and meal breaks; or does not properly reimburse employees for business-related expenses. These are only some examples of when wages are unpaid.
If you suspect that you did not receive the wages that you were supposed to receive, the first step is to bring it to your employer's attention. If it occurred because of a mistake or oversight, this will give them the opportunity to remedy the situation. However, if you discover that you are the victim of wage theft or unpaid wages, it is important to understand that you have legal rights. It is crucial that you contact an experienced Los Angeles unpaid wage attorney to discuss next steps.
Does My Employer Owe Me Money For Unpaid Wages?
Wage theft occurs when employers force employees to work off the clock, refuse to pay them overtime, fail to pay them a minimum wage or make unlawful deductions from their paychecks. There are also a number of other situations where unpaid wages can become an issue. While wage theft is often obvious, sometimes, it can slip under the radar. Here are a few questions to ask in order to determine if your employer owes you money for unpaid wages:
- Are you working more than eight hours a day or over 40 hours a week, but not getting overtime pay?
- Is your employer encroaching into your lunch break or requiring you to work during your rest break, but not paying you for that time?
- Are you being misclassified as an independent contractor when you are doing the job of an employee who should be on the payroll and receive benefits?
- Are you not getting earned tips?
- Are there deductions on your paycheck that don't seem right?
- Is your employer paying you the state's minimum wage when the minimum wage in your city is a higher amount? (In such cases employers should pay the higher amount).
If you think you may be owed unpaid wages, contact an experienced Los Angeles wage and hour attorney right away to explore your legal rights and options.
What Can You Do If Your Employer Doesn't Pay You In California?
If you believe that your employer or former employer owes you unpaid wages, here are some of the steps you can take:
Talk to your employer. If you suspect that your employer owes you unpaid wages, the first step is to talk to your employer directly about the issue. However, if talking to your employer doesn't yield a positive result and you have still not been paid the wages you are owed, the next step is to consider your options to recover the wages you have rightfully earned.
Collect as much evidence as possible. It is important that you collect as much evidence as possible to show that your employer did not pay you the wages you are owed. Important pieces of evidence may include timecards, pay stubs, copy of an employment letter or contract, and record of any communications you may have had with human resources or your supervisor regarding the unpaid wages.
Quick action is critical. If you wish to file a civil claim, it is important to understand that there are statutes of limitations for back wage claims. Speaking with a California unpaid wage lawyer can help determine next steps in a timely fashion. Employment attorneys with significant experience handling wage theft cases can provide good advice regarding how to proceed.
File a claim. Retaining the services of an unpaid wage attorney can give you the best possible pathway to filing a civil claim. Wage theft claims in California are filed with California Division of Labor Standards Enforcement (DLSE). Your attorney can also guide you with regard to filing an individual or class action lawsuit to help you get back wages and other monetary damages.
How Long Do You Have to File an Unpaid Wages Claim in California?
California employees generally have three years from the date of a wage violation to file a claim for unpaid wages under a written contract, and two years if the agreement was made verbally. For PAGA claims, employees must file a notice with the California Labor and Workforce Development Agency (LWDA) within one year of the violation. Because these deadlines can significantly affect your ability to recover compensation, it is essential to speak with a Los Angeles unpaid wages lawyer as soon as you suspect your employer has withheld wages you are owed.
What Is The Penalty For Unpaid Wages In California?
If your employer failed to pay you for all of the hours you worked, a court could award you back pay, which totals your unpaid hours times your hourly wage. For example, if your hourly wage is $20 and you worked 20 hours overtime for which you were not paid, your back pay would be $400.
If you receive a late paycheck, employers must pay a penalty of $100 for an initial violation, under California Labor Code 210. For subsequent offenses, the penalty is $200 plus 25% of the amount your employer unlawfully took or withheld.
Frequently Asked Questions
What is the penalty for unpaid wages in California?
Beyond recovering the wages you are owed, California law allows employees to collect additional penalties, including waiting time penalties of up to 30 days of wages if your final paycheck was delayed, plus interest on unpaid amounts. Employers who willfully violate wage laws may also face civil penalties under the California Labor Code and PAGA.
How much does an unpaid wages lawyer in Los Angeles cost?
At Kingsley Szamet, our unpaid wages lawyers work on a contingency fee basis, meaning you pay absolutely nothing unless we win your case. There are no upfront costs, no hourly fees, and no out-of-pocket expenses, we only get paid when you do.
Can I sue my employer for unpaid wages in California?
Yes, California employees have the right to file a civil lawsuit against their employer to recover unpaid wages, penalties, interest, and attorney's fees. You may also be able to file a PAGA claim on behalf of yourself and your coworkers, significantly increasing the total recovery available to you.
Need Help Recovering What You Are Owed?
No matter what type of compensation you are owed by an employer who has violated California wage and hour laws or other employment laws, you have legal recourse. At Kingsley Szamet Employment Lawyers, We bring extensive experience and skills to your case. Once you contact us, we can help you quickly determine whether or not you have a valid claim and can move forward in pursuit of the compensation you are owed.
Tired of fighting for what you have earned? Reach out to us online or at (818) 990-8300 to schedule your complimentary consultation today.
Kingsley Szamet Employment Lawyers
16133 Ventura Blvd #1200
Encino, CA 91436
(818) 572-4143
