Know Your Rights: Understanding Unpaid Wages in California
Every employee deserves to be paid fairly and on time for the work they have done. However, there are times when an employer may fail to pay an employee their wages, either by mistake or intentionally. Unfortunately, this happens more often than we’d like to believe. This is why it’s important to know your rights when it comes to unpaid wages. As a California resident, the California Labor Code offers several protections for employees, but you must know what they are to get the compensation you deserve.
1. Wage and Hour Law in California
In California, employers have to comply with a set of laws surrounding the payment of wages. These laws include minimum wage laws, overtime pay requirements, and mandatory rest and meal breaks. The state’s minimum wage as of 2021 is $13 per hour for employers with 25 or fewer employees and $14 per hour for employers with 26 or more employees. The minimum wage is scheduled to increase until it reaches $15 per hour by January 1, 2023. Employers must also pay overtime pay of 1.5 times an employee’s regular pay if the employee works more than eight hours in a workday or more than 40 hours in a workweek.
2. Unpaid Wages
If your employer fails to pay you the wages earned, it’s considered wage theft. You can file a wage claim with the California Division of Labor Standards Enforcement (DLSE). You must file your wage claim within 3 years of the day the wages were due. The DLSE can help recover unpaid wages, including regular pay, vacation pay, commissions, and bonuses. If your employer was in serious violation, the DLSE can also assess civil penalties against the employer.
3. Final Pay
When an employee leaves a job, they are entitled to receive their final paycheck immediately, meaning on their last day of work. If the employee quits without giving notice, the employer must pay them within 72 hours. If the employee is terminated, they must receive their final paycheck immediately, or within 72 hours if the employer asks the employee to leave immediately. If the employer fails to pay the employee their final paycheck, they may be liable for waiting time penalties.
4. Independent Contractors
Misclassification is a common issue in California, which is when employers classify employees as independent contractors to avoid paying wage and hour law compliance. If you believe you were misclassified, you can file a wage claim with the DLSE. If you were wrongly classified as an independent contractor, you may be entitled to overtime pay, meal and rest breaks, reimbursement of expenses, and other benefits.
5. Retaliation
Employers cannot retaliate against their employees for filing a wage claim or otherwise asserting their rights under California wage and hour laws. If an employer does retaliate against an employee in this way, the employee has the right to file a complaint or legal action to recover lost wages, emotional distress, and other damages.
As an employee in California, you have the right to be paid fairly and on time for your work. If your employer doesn’t comply with this, you have several legal options, including filing a wage claim with the DLSE. It’s important to know and exercise your rights, so you can get the compensation you deserve. If you have any questions, you can consult with an employment attorney who can advise you on your specific circumstances. Remember, you worked hard for your wages and you should get paid for it.
