Every employee has the right to wage, even if it is a back pay. While there is a federal Fair Labor Standards Act or FLSA that protects the benefits of employees, there are countless companies or employers are violating the law, especially when it comes to wages. California is one of the states that have high minimum wage rate and one of the states who are compliant to FLSA; however, sadly, despite there is a law that enforces every company and employer to provide value to the employees, California is not new to FLSA violations. Below are the common wage violations exists in California:
- Minimum wage violations
This happens when your employer pays their employees with less than the mandated minimum wage per hour, which is $11 per/hour (2018 updated minimum wage rate) in California.
- Unpaid work hours
Every employer is required to pay their employee every working hour.
- Unpaid overtime
Unless the employee is categorized as exempt, he or she is not eligible to get overtime pay; however, that depends on the employer’s discretion. For employees who fall into non-exempt should receive payment for overtime.
- Unpaid time off or break
The federal law does not allow employees to take time-off or break during working day; however, if the company allows the employee to take time-off, he or she is entitled to receive paid time-off or break. California allows their employees to take a 30-minute unpaid meal break and paid 10-minute break for every 4 hours. If the employee does not get the state-required breaks, he or she has the right to complain.
- Unpaid Sick, Vacation and Maternity leave
Every company in California is required to provide necessary paid leave to their employees; companies who do not comply are subjected to penalties. What are the things you should do when your employer does not pay? You have the right to sue your employer for the unpaid wages; but, before taking legal action, it would be wise to talk to a supervisor to get the companies’ attention. However, if you have not received any word from them for a given time, you may now take it legally and file a wage claim. Below are some tips on how file wage claim or lawsuit:
- Determine if wage claim is the best option.
If you are uncomfortable with the idea of filing a wage claim you may consult the top San Diego area attorney for unpaid wages cases.
- Prepare the hours for the wage claim
- You have to gather supporting documents
- Dispute the wage violations at the Local Division of Labor Standards Enforcement or DLSE and file the claim
- You have to attend every settlement conference
- You have to wait for the Notice of Hearing
- You need to attend the Division of Labor Standards Enforcement’s Berman Hearing
- If you are dissatisfied with the result you have 10 days to appeal after the service of notice of the order.
However, if the court does not receive any appeal from any party, the court shall enter judgment, which the employee has the right to claim. If you have any problems with your wage, do not hesitate to take legal action. All you need to do is find the right law firm that will assist you with your wage case and have the confidence to face every possibility.