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 attorney at Kingsley & Kingsley Lawyers to get help recovering your rightful compensation. We have 40 years of experience that has resulted in $300 million awarded to our clients in employment law settlements and court verdicts.
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 team at Kingsley & Kingsley 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.
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 & Kingsley 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.