Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney
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Unpaid wages you can save

If your employer does not pay you the money that you agreed to work for, it can be both frustrating and terrifying. With how many expenses you have to worry about, a delayed or unpaid check can be detrimental to your future plans.

To resolve this, it is imperative that you keep a record of your employer’s mistake to ensure that you get the money you deserve. The state of California has different ways to deal with cases of wage theft, so you need to pay attention to the type of violation that your employer commits. Some of these violations include:

Waiting time penalties

A common type of unpaid wage happens when a terminated employee does not receive their final check. If your employer does not pay your last wages immediately after you have left the company, they will incur a waiting time penalty.

For every day that your former employer fails to pay you, they will have to pay an additional daily wage. You could earn up to 30 days worth of wages if they continue procrastinating. Make sure you also record any unused vacation time that they owe you as well.

Minimum wage violations

Currently at $11 an hour, California has one of the highest minimum wage rates in the United States. As the state can be pricier than other areas in the country, it is essential for your employer to be paying the right amount.

If that does not happen, calculate the additional amount of money your employer owes you to include in the complaint you file to the Department of Labor’s Wage and Hour Division.

Overtime wages

Before you record this one, you have to make sure that your job is not exempt from overtime laws. Some of these positions include administrative, executive and professional employees, outside salespersons, taxicab drivers, and computer software engineers.

If your position is eligible for overtime, the payment must go on your next paycheck. If it is not, save your paycheck and have some form of evidence showing that you worked extra hours. Given how overtime rules vary by eligibility, it is especially important to research for this wage.

The Next Step

After you have gathered the evidence, you can file a wage claim for California’s Division of Labor Standards Enforcement. Once you submit it, you will be asked to attend a settlement conference with a Deputy Labor Commissioner and your employer to settle your claim. Depending on how it goes, the claim can settle there or move to court.

Regardless, it is crucial to save as much evidence as you can from your employer’s wage violations. All workers deserve compensation for their hard work and it cannot be denied because of the employer’s negligence or discrimination.

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