Wage Theft New
The Fair Labor Standards Act (FLSA) prescribes standards for wages and overtime pay, which affect most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay.
It restricts the hours that children under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous.
Wage and hour lawsuits involve disputes over the amount of wages an employee has earned, or the number of hours they have been working.
Wage and hour claims are often complex and may involve more than one type of legal issue. You may need the help of an experienced employment lawyer to help you with your claim and represent you in court if your case goes to court.
Wage theft under AB 1003 occurs when an employer fails to pay an employee their full wages, whether salaries, commission, tips, or other forms of compensation due and owed to the employee. This “theft” can come in many different fashions, whether it be by not paying for all hours worked, not correctly paying overtime, not paying minimum wage, or pocketing tips.
Read the full text of the bill here
Most Commonly Asked Questions
Do I have to go to arbitration, or can my employer be sued without arbitration?
Note: Union employees who are bound by a collective bargaining agreement (CBA, or contract) most likely will have an arbitration provision in the CBA. Check with your union rep or shop steward for more details about what is in the contract that applies to your employment.
My employer said he will no longer pay overtime, but he still wants us to work overtime. Isn’t this illegal?
Generally, in California, 8 hours constitutes a workday. Work from 8 to 12 hours in a workday must be paid at 1½ times your regular rate of pay (which must include all forms of compensation, including bonuses and commissions earned during the period in which you worked overtime hours, when calculating the overtime rate of pay. Any work over 12 hours in workday is entitled to twice the regular rate of pay. You may be entitled to further overtime compensation if you work six or seven days per week. Consult with an attorney at Sansanowicz Law Group to see whether you are entitled to overtime pay, and if so, how much.
Is there any legitimate/legal reason an employer can pay under minimum wage?
How do I recover my unpaid wages? How far back can I claim unpaid wages?
You can recover unpaid wages one of two ways: file a civil lawsuit in court or file an individual claim for wages with the Labor Commissioner’s Office (also known as the Division of Labor Standards Enforcement, or DLSE). A lawsuit in court may be individual or representative in nature. Consult with an attorney at Sansanowicz Law Group to learn about your rights and best options.
How long does an employer have to give me my last check?
If you do not receive your last paycheck timely, your employer may be liable for “waiting time” penalties, which is your daily rate of pay (including regularly scheduled overtime hours) multiplied by the number of days your employer does not pay your final paycheck, up to 30 days maximum.
Keep in mind you must be paid all wages that you have earned and that are owed to you at the time of your separation of employment (termination or resignation). This can include accrued vacation/sick/PTO wages, unpaid overtime wages, unpaid off-the-clock or rounding wages, earned but unpaid bonuses or commissions, and unpaid premium pay for missed meal periods and/or rest breaks. Consult with an attorney at Sansanowicz Law Group to learn about what pay should be on your last paycheck.
What if my employer doesn’t pay me on time?
If the payment is late and your employer has the ability to pay wages, make a written demand that your employer immediately pay you the wages you have earned. If, after you made your demand, your employer still does not pay, the failure to pay is a misdemeanor; so, too, is if your employer falsely denies how much you are owed. At that point, it will be time for you to take legal action.
As with any type of unpaid wages, you can file a civil lawsuit in court or file an individual claim for wages with the DLSE. Consult with an attorney at Sansanowicz Law Group to learn about your rights and best options.
Can an employee refuse to work if not getting paid all that is earned and owed?
Not if the employee wants to continue to earn wages. Unlike a tenant who withholds rent under the theory that the landlord’s failure to provide necessities has rendered the apartment uninhabitable, an employee may not refuse to work simply because the employer has not paid all the wages they are owed. The remedy for failure to receive all wages due to the employee is to file a civil lawsuit or a claim with the Labor Commissioner. Many employees sue their employer for unpaid wages while they still work for the same employer.
Note: If the reason the employer is not paying all earned wages is because the employer lacks the funds to make payroll, it may be time to look for a new job. Consult with an attorney at Sansanowicz Law Group to learn about your rights and best options.
Get a Free Legal Evaluation of Your Employment Rights Issue
If you feel that your rights may have been violated in the context of your employment, it may be in your best interests to talk to an experienced employees’ rights attorney who will explain your options and protect your legal rights.
Call our office for a free consultation (818) 639-8510
Most Commonly Asked Questions
The Sansanowicz Law Group provides legal services to persons employed in the cities of Irvine, Los Angeles, San Diego, Riverside, Rancho Cucamonga, Anaheim, Long Beach, Newport Beach, Oceanside, Temecula, Murrieta, Glendale, Santa Barbara, Oxnard, Bakersfield, Santa Monica, Beverly Hills, Chula Vista, Inglewood, Garden Grove, Santa Ana, Van Nuys, Orange County, San Diego County, Imperial County, Kern County, Ventura County, San Bernardino County and Riverside County, California.
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Sansanowicz Law Group
21031 Ventura Boulevard, Suite 701
Woodland Hills, CA 91364
Tel: (818) 639-8510
Fax: (818) 639-8511
21031 Ventura Boulevard
Woodland Hills, CA 91364