Unpaid wages is referred to as wage theft in California, when employers knowingly misclassify the employees legally entitled wage. In any type of wage misclassify occur in California, employees are entitled to all of their earned compensation. Employees compensation not only includes just their hourly or salary wage, but it also contains more than unused vacation owed to you upon employment overtime work, commissions, termination, bonuses, and particular off-the-clock work.
California has some of the most potent Labor Law to ensure back proper wage, and compared with federal wage laws, California law provides more protections for employees and employers are slapped with additional fines or penalties for violating employee rights. But all time bringing a claim against an employer can be a confusing and stressful matter, so you should make a seek advice from an experienced and eligible unpaid wage lawyer who will help to recover your legal compensation by successfully handle your lawsuit.
Whatever; the article will explain an analytical idea about unpaid wage in California, which will help to understand better what it means and what you can do about your unpaid wage. Also, you can take a proper step to recover your unpaid wage.
Types of Most Prevalent Unpaid Wage Violations:
Minimum wage violations:
In many cases to saw that employer don’t pay minimum wage, where clearly mentioned in California labor law to paid minimum wage by according to the organization wide-range capability.
Under the minimum wage policy in 2020, the company must provide is $14.25 for employers with 26 or more employees and $13.25 for those with 25 or fewer employees. When the employer violates California’s minimum wage laws, the employer can recover the money you are owed by filing a wage and hour lawsuit.
Overtime wage violations:
Under California Labor Law, it is wholly prohibited from paying non-exempt employees overtime wage without proper calculation. In that case, the employees who were non-exempt, they must provide overtimes wage if they work done over eight hours in a single day and more than 40 hours in a single workweek. Even the salary of each hour is 1.5 times to basic salary. If the employer misclassifies overtimes wage, the employees can take legal action under wage and hours law.
Rest and meal break violation:
According to the California Labor Code, if employees work more than five hours in workaday, then the employer must provide at least a 30-minutes meal break. On the other hand, if employees work for more than ten hours, they must provide two meal breaks in workday. When employers don’t give these terms for any reasons, then they must offer one hour’s wages.
Unpaid Wage Class Action Lawsuit:
When the employer doesn’t pay the wage that is employees lawfully entitled, then the employee can file a lawsuit against their employer because it is a violation of California wage and hour laws.
In that context, if the employer failed to pay unpaid wage, employees may file many types lawsuit such as did not provide the required rest or meal breaks, misclassified the employees, was unable to pay the minimum wage, pays wages late, needed you to work off the clock, and unpaid overtimes wage.
Whatever; if this types of unpaid wage claim submit a massive amount employee, then the lawsuit is keener to get proper compensation. In that case, the employer tries to avoid a potentially lengthy process; they can arrive at a settlement to pay employees.
Time Duration for Filing the Claim:
When the employer has violated California wage and hour laws and has not paid the wages you were rightfully owed, then the employee must file a report among three years. The times from the day of file claim up to 3 years. When the employers paid employees more than minimum wage by her/his oral promise, employees can take time two years for filing a claim. Otherwise, when the employer paid a wage based on written contact, employees can get times up to four years to file claims.