If you’re working in California, you’re the most privileged person. The employment law protects you from every side. Whether you are being denied your entire wages or the employer is delaying to pay your wages on time, you are protected to the full extent. The law doesn’t matter whether you got terminated or were laid off, nor are there arguments about whether you are exempt or non-exempt workers. When it comes to payment, it’s your right to have what you have worked for and in the agreed time. The information on your payment must then be provided in your paycheck. If your California employer has violated any wage law, then he/she could face stiff penalties.
Have You Been Paid Correctly Under California Law?
When it comes to filing your wage violation claim, you want to be sure of what you want. It becomes easier when such violations have happened to a group of employees. As such, you may consider having a class action lawsuit lawyer in California guide you on the best course of action. Remember that you will not only be collecting your denied wages but also get a share of the penalties for the violation of the law. This will depend on the circumstances of your legal claim. According to California law on paychecks, your employer must:
- Ensure to follow paydays cover concerning the time to receive your wages: Your employer must designate paydays. The same should be made known to the employees about the time, date, and even the place where they will receive their wages. For instance, those who work as agricultural contractors are paid weekly, whereas professional or executive employees are paid on the 26th of every month.
- Provide the information about what you have been paid in the paycheck: This may be in form of a pay stub. Your employer should include the below information in your pay stub or paycheck document:
- Your full name, including your social security number and the address
- Your employer full name and address
- What you earned and the number of hours worked during your pay period
- If piece-rate work, the number of units and the rate for each unit you have worked
- The number of hours worked and the rate per hour
- Deductions if any
- The net pay
If your employer has not paid your wages, you need to take action and demand the money you should have paid. Again, to claim your unpaid wages, you need to have a wage statement record. You can get this from your employer. These records are kept for at least three years. Upon request of your payroll records, your employer must provide them within 21 days. If this seems an uphill battle, you may consider talking with an experienced labor lawyer. To get a successful claim, you must ensure you’re not to blame for the late wage payment. This could be because you never provided the right information for payment purposes.
Penalties For Wage Violation
If your employer has violated wage and hour laws, you may be entitled to:
- Back pay: This is the wages you have lost. If your employer paid some of the hours you worked, the unpaid hours would be awarded back. They will be calculated and multiplied by your hourly wage.
- Unpaid overtime: If your employer failed to include your overtime hours, you would get the time and a half for every hour you worked. This will be included in your back pay award.
- Missed rest and meal break: If your employer made you work during your rest period or lunchtime, he/she owes you a penalty.
- Waiting time penalties: This is related to payment of your final paycheck. If your employer has fired you, you have the right to receive your last paycheck immediately. Any employee who gives at least a 72 hours’ notice has the right to receive the payment immediately. Conversely, if an employee quits without giving notice, the employer is obligated to provide your final paycheck, 72 hours from the day they received your notice. The waiting time penalty is to ensure employers don’t delay in providing the final paycheck.
Any employee who is discharged has not only the right to get their wages, but also any accrued or unused vacation. In some situations, your employer may be required to pay additional fees on top of the penalties for wage violations depending on your case. That’s why you need legal help to come up with a successful claim.
Do You Have The Right Legal Representation?
With the right legal representative, you can even collect attorney’s fees and court costs. Remember, this will work out smoothly if you consider filing a claim involving a number of employees suffering from the same wage violation case. If your employer has violated the wage and hour laws, you need the best class action lawyer to assess your situation. As such, they will help you understand what you need to get the best out of your claim.