Anaheim Unpaid Wages & Overtime Lawyer

If you are an employee in California, you have the right to all the compensation you’ve earned. This includes more than just your hourly or salary wages. It also includes vacation pay, commissions, bonuses, overtime pay, and certain off-the-clock work. If you believe your employer has violated labor laws, you should reach out to an Anaheim unpaid wages and overtime lawyer.

Unpaid wages and overtime violations are when an employer fails to pay employees the wages they are legally entitled to. You might have a claim if you believe your employer has not paid you fairly. Some common reasons employees may have grounds for a wage claim are:

• Minimum wage violations: When an employer pays less than the state’s federal minimum wage
• Overtime pay issues: The employee worked more than 40 hours in a workweek and did not receive overtime pay.
• Break violations: When the employer does not provide legally required breaks.
• Unpaid vacation time: The employer owes the employee pay for accrued vacation time.
• Tips or commission disputes: The employer withheld tips or commissions without proper justification.
• Unauthorized deductions: The employer deducted money from your paycheck without a valid reason.
• Off-the-clock work: Employees are required to work before, after, or during their scheduled breaks without compensation.
• Misclassification: An employee may be classified as an independent contractor but should be considered an employee, or they may be classified as exempt when they are non-exempt and should receive overtime pay.

California’s labor laws exceed federal overtime regulations and those of many other states. Hourly employees in California are eligible for overtime pay under these conditions:

• Daily overtime: Any hours worked beyond eight in a single workday.
• Weekly overtime: Any hours worked beyond 40 in a workweek.
• Seventh-day overtime: Any hours worked on the seventh consecutive day of working.

Overtime pay is calculated at a rate of 1.5 times the regular hourly wage. In cases where an employee works more than 12 hours a day or more than eight hours on the seventh day, they are entitled to “double time” or twice their regular hourly wage.

Both federal and state laws in California protect employees from wage theft in the workplace. These laws are:

California Labor Code

The California Labor Code is a set of laws that covers:

• Minimum wage
• Overtime pay requirements
• The minimum length and amount of meal and rest breaks
• The requirement for accurate wage statements
• In what circumstances employers can garnish an employee’s wages
• Requirements for employers to contribute to the Unemployment Insurance Fund
• Discrimination based on race, religion, gender, age, disability, etc.
• Setting standards for workplace safety and health.

The California Civil Rights Department (CRD) and the California Labor Commissioner’s Office uphold the California Labor Code.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act is a federal law that establishes the federal minimum wage, overtime laws, and recordkeeping requirements for private-sector employees. California law also allows state employees to be entitled to higher minimum wages and overtime pay than the federal law requires.

California Wage Theft Prevention Act

The California Wage Theft Prevention Act was enacted to protect workers’ rights and prevent employers from withholding or miscalculating wages. It requires employers to provide their employees with specific information about their wages, hours, and working conditions. The Act also outlines remedies for employees who have been victims of wage theft, including payment of back wages, civil penalties, and reimbursement of attorney’s fees.

Retaliation Protection

California law prohibits employers from taking adverse actions against employees who file wage claims or exercise their rights under wage and hour laws. If an employer retaliates against an employee for these reasons, the employee is entitled to file a complaint and seek compensation. Examples of employer retaliation include termination, demotion, reduction in hours, negative performance reviews, harassment, and threats.

If you are missing wages, a lawsuit might be the next step. You should act quickly, as there is a statute of limitations. Evidence is important in unpaid wage and overtime violations. You should gather time records and schedules, pay stubs, offer letters, employee handbooks, emails regarding work hours, witness contact information, and recordings related to your case.

You may still have a legal claim even if your employer neglected to maintain precise records such as timesheets. Your employer is legally obligated to create and keep accurate records of your work hours. Additionally, they must provide you with a pay stub that accurately reflects the number of hours you worked and your hourly wage.

If you did not receive accurate pay stubs or your employer tampered with your time records, you can still pursue legal action to recover your earned wages. You can use other evidence, including your testimony, to reasonably estimate your work hours in these situations. The responsibility then falls on your employer to disprove the accuracy of your estimates.

Employees who have not received their rightful wages may be eligible to recover substantial sums in unpaid wages, penalties, and interest. These amounts will vary depending on each case. Determining the exact amount you are owed can sometimes be straightforward and easily calculated, but in some cases that involve commissions, bonuses, or piece rates, the calculation may be more complex.

California has strong worker protection laws, meaning employers can face severe consequences, meaning you may be entitled to receive a large sum.

Need help with unpaid overtime and other wage and benefit issues? The experienced Anaheim attorneys at our law firm can advocate for your rights. Contact us today so we can help determine if you have a valid claim, and we can begin fighting for the compensation you deserve.