Employees in California have the right to all the pay they have earned, as the State Department of Industrial Relations stipulates. An employee’s pay comprises more than simply their salary or hourly wages. It also includes bonuses, commissions, overtime, specific off-the-clock work, and unused vacations the employer owes the employee upon termination.
In addition to paying employees their rightful dues, California employers must also pay the employees on the days stipulated as regular paydays, a minimum of twice in a calendar month. Plus, employees have the right to see their payroll records upon reasonably requesting them from their employers.
Even though all the above requirements are stipulated under the law, many employers still go against them. Some employers fail to pay their employees what they owe them, while some deny workers access to payroll records. Employers who deny employees their payroll records probably do so because they have something to hide, like miscalculating employees’ pay.
If an employer has miscalculated your wages or denied you the wages you are rightfully entitled to, you can file a wage and hour claim against them, pursuing compensation for the amount you are owed. Also, should an employer fail to let you access your payroll records, you can subject them to fines and civil action. An experienced unpaid wages lawyer can help you determine the proper steps to receive the justice you deserve.
At the Stop Unpaid Wages law firm, we can help you collect all the unpaid wages from your employer. We understand local, state, and federal wage and hour and employment laws and can tell when an employer is not doing right by you regarding payment. Our decades of experience and expertise have enabled us to recover maximum compensation for our clients in unpaid wages settlements and court verdicts. Call us at 424-781-8411 to discuss your case in a complimentary consultation.
Many law firms in California specialize in employment law, but many clients prefer to come to us. Our former clients do not hesitate to call us when they have another case and refer their friends and families. We also have positive reviews online, making many clients seek our services. Some of the qualities that set us apart from other law firms include the following:
For decades, our lawyers have been assisting employees throughout California in recovering the wages they are legally owed. We level the playing field and hold employers liable when they have failed to do what the law says. Whether the client is an executive or an hourly employee, we believe they deserve representation and advocacy when their employer has wronged them.
We work closely with our clients to determine the circumstances surrounding their case, assisting them in successfully filing their claim and, if it comes to it, suing their employer. We have spent decades building a reputation as California's most persistent employment law firm. We are always pleased to know how our attorneys can support clients when they are up against their employers’ unlawful actions.
Several laws might apply to a client’s wage claim, including city, county, state, and federal laws. At Stop Unpaid Wages, we have extensive knowledge and understanding of the different wage and hour laws applying to clients' cases. We understand all the ins and outs of the laws that protect employees’ pay, which helps us to effectively argue our clients’ cases and obtain the best possible outcome.
We also understand how the local, state, and federal systems work and know the approaches that will likely lead our clients to receive the justice they deserve. Whether our client’s employer meant to shortchange you on your wages or it was a genuine mistake, we fight to ensure the client receives their dues. Employers’ intentions might influence how we pursue the case, but will not impact their legal duty to pay our clients.
At Stop Unpaid Wages, we believe all employees have the right to every penny they have worked so hard to earn. We trust that since they have already put in all the effort to earn their dues, it would be unfair for them (the dues) to be taken away. And since we care for our clients to a great extent, we ensure they receive the pay they deserve.
When fighting for clients, we implement the strategies and tactics we acquired from decades of practice. We take the time to comprehend our clients’ situation and their stress. This enables us to tailor our legal strategies to fit the circumstances of their cases. Even though this approach may take time, we understand our clients are worth it.
Prompt client response is crucial to our services. Our customer care representatives are always available to attend to clients, enabling our lawyers to respond to each case promptly. We regularly update our clients on the progress of their case, promptly addressing their questions and concerns. You can contact our lawyers anytime and rest assured that they will give your case the deserved attention.
Our customer care representatives are also friendly and understanding; they know how to handle every client’s case. We believe that customer empowerment will assist us in tackling our cases. Thus, we equip them with the resources and knowledge to navigate various aspects of their cases confidently.
The specifics of these violations are discussed in greater depth in the FAQ portion of the website.
Please call us at 424-781-8411 today and start the process of recovering your lost wages today.
You already earned them; now it's time to get them back!
We handle various cases revolving around wage and hour laws in California. Some of the areas we specialize in include the following:
Most employers require workers not to go home with their uniforms. That means they must change into those uniforms once they arrive at work. When workers must take off and put on uniforms at the workplace, they must be compensated. It does not count how little time it takes to take uniforms off or put them on under California law. Regardless of how little, all time must be accounted for and compensated for.
An employer must compensate for any time spent preparing for and in lectures, meetings, company parties, and training. Many employers either do not compensate for this period or only compensate for the worker's hours in the actual training, meetings, or lectures. When these events necessitate worker preparation, no payment is made. However, the law also requires employers to compensate for the worker's time during the preparation period.
If your employer does not pay you for the meetings, lectures, training, or company events you attend, you need to talk to an attorney immediately. You can claim compensation for all the hours you have missed payment.
According to California law, workers are considered under their employer's control. That said, they must receive payment if their employer controls the means and manner the worker travels from and to work. For example, should the employer have the worker drive the company auto home, the time the worker commutes to and from the workplace in that vehicle must be paid for. That is because the worker is not free to select their means of transportation.
Almost always, employers fail to compensate for this travel period. Additionally, workers must be compensated for the time connected to any travel from and beyond the normal workplace that the employer requires. So, say the employer requires the worker to appear at a seminar two hours away from the place of work. In that case, the employer must compensate for all the time related to the worker accommodating that travel requirement.
At Stop Unpaid Wages, we have fought for clients whose employers have denied compulsory travel time wages. We can do the same for you. Do not hesitate to call us if you believe you have a case. We will evaluate the facts of your case and advise on the best approach to ensure the employer takes responsibility for their actions.
Workers are regarded as being under their employer's control when the employer’s restraints effectively stop them from utilizing their time to do their things. A classic example of when a worker incurs unpaid wages for waiting time is when their employer compels them to endure unpaid waiting periods before requiring them to perform actual job responsibilities. This occurrence is common in, without limitation, the trucking industry.
Truckers deliver and pick up cargo. Many receive payment, not hourly, but by the distance they have driven or the cargo transported. Put otherwise, they do not receive payment unless they are driving. Virtually daily, these drivers have to incur several hours of uncompensated waiting times when at terminals waiting for their cargo to be either unloaded or loaded. Per California law, this period must be compensated for. That is because the worker cannot use that time to do their things, even if they (like the trucker) do not do any work during that time.
Call us as soon as possible if you have incurred unpaid waiting time. We will help you claim compensation and obtain the best possible outcome on your behalf.
Nowadays, many employers mandate that workers undergo security card inspection and searches before leaving the workplace. However, most of these searches happen after the worker has clocked out. Workers subject to these searches must wait in line and undergo searches before leaving. This leads to employees being under their employer’s control for a substantial amount of time without being paid.
Workers who have to go through these searches with no compensation are seen as thieves when, in the real sense, it is their employers stealing their pay during those searches and saving significant amounts of money yearly in unpaid wages. Employees who generally face unpaid security searches work in the pharmaceutical, cannabis, logistics, retail, and warehouse industries.
If you have experienced wage theft due to unpaid security checks, call us immediately at 424-781-8411, since there might be a short timeframe to file your claim to pursue the unpaid wages.
Just like waiting time, workers usually must stay on call. That means they must stay local, stay by the phone, and forgo many crucial personal activities, like child care, traveling outside the locality, religious services, sports, et cetera. On-call workers who experience substantial limitations on their freedoms while waiting to receive a call to work must likely be compensated for the waiting periods. Most employers just compensate for the period the on-call worker is called in to work.
The many hours, or in certain circumstances days, an on-call employee must wait to be called and not utilize that time for their purposes are unpaid and possibly illegal under California statute. If your employer has not paid you for the on-call time, we at Stop Unpaid Wages can help. Contact us as soon as possible to discuss your legal options. We will fight to ensure the best possible outcome for your case.
Currently, thousands of employees sustain injuries on projects in war-torn countries such as Afghanistan, Iraq, Yemen, et cetera. Because of the regions’ dangerous and hostile conditions, civilian employees are often put in harm’s way with higher risks of on-the-job injuries or even serious death. Companies that have signed contracts with the United States must award their workers benefit coverage per the DBA for on-the-job injuries.
At Unstop Wages, our lawyers handle DBA-related cases worldwide from our base of operations in California. The State of California is home to many military bases and contractors doing business across seven continents. We can find translators if you require them during any consultation. You need not be a U.S. citizen to be eligible under the DBA.
We can assist you in figuring out your legal rights. You want to notify your employer in writing of your injuries and promptly secure legal representation and counsel from an employment attorney near you. Sadly, many employers do not fully counsel their employees of their rights and might leave them in the dark about their right to lost wages, medical care, and a possible settlement. Our duty at Stop Unpaid Wages is to assist you in ensuring you receive everything you deserve.
We will take immediate action, conducting an extensive investigation into your case and helping you navigate the steps of bringing your claim. We will also defend your rights as a worker and obtain your rightful compensation.
Please call us at 424-781-8411 today and start the process of recovering your lost wages today.
You already earned them; now it's time to get them back!
California wage and hour laws are broad and can confuse many people. Thus, most people, employees, and employers do not hesitate to ask questions about these laws. Some of the most frequently asked questions for a proper understanding of these laws include the following:
Wage theft is when an employer fails to pay workers the benefits or wages they are lawfully owed. In essence, wage theft is a form of fraud whereby an employer does not fulfill their legal duty to compensate workers properly. Prevalent examples of wage theft include the employer:
In any of the above situations, an unpaid wages lawyer can determine whether you are a victim of wage theft.
Both California and federal laws prohibit wage theft. The California Labor Code and the federal FLSA (Fair Labor Standards Act) are common laws that safeguard employees from this practice. The Wage Theft Protection Act of 2011 grants extra protections. This act requires that employers notify non-exempt workers of their rights regarding wages.
Your initial step in recovering unpaid wages from your employer is to consult an unpaid wage lawyer. The lawyer can review your case and counsel you on whether you have a valid wage claim. They can then process all the required paperwork and bring it to the California Labor Commissioner’s Office. The lawyer can also assist you in gathering evidence needed to substantiate your claim. The evidence may include the following:
An attorney can also assist you in requesting any necessary documents from your employer.
You often have just three years from your latest wage violation to bring a wage claim and pursue unpaid wages. However, the timeframe may change if your case is contingent on receiving less pay than the employer promised in the contract. Should your claim involve a violation of your employment contract, you have just two years to file your claim if the agreement was verbal and four years if it is a written agreement.
Since the rules differ for different wage-related violations, do not wait before you consult a lawyer. At Stop Unpaid Wages, we can assess the duration you have to bring the claim and start defending your legal rights as early as possible.
California statutes do not necessitate that you retain an attorney for your claim. However, hiring one is highly recommended. Employers try to avoid taking responsibility for violating wage laws, and some may decline to settle the case. You may have to bring a civil suit to pursue the wages your employer owes you.
If you believe you have unpaid wages, do not wait long before speaking with an attorney. At Stop Unpaid Wages, our lawyers take on all sizes and types of employers to safeguard workers' legal rights. Call us for a free consultation and case evaluation. We will respond to your questions and counsel you about your options.
California law exempts certain workers from overtime pay and some of the other necessary payments mentioned above. Mostly, an exempt worker must receive the minimum threshold salary. In California, the current minimum threshold salary is $68,640 yearly.
Even when employers pay their workers the minimum salary threshold, they cannot stop paying overtime. They can only avoid making overtime payments if the worker is classified as exempt. Most exempt workers fall under the white-collar category. Examples include the executives, professional employees, or administrators. However, some computer technicians and salespersons can also fall under the exempt category.
The requirement for employee exemption depends on actual job duties, not position descriptions or job titles. Thus, it is not enough for employers to simply change a worker's job title, such as secretary to administrative assistant, to satisfy the exemption requirements. When the employee is misclassified, they may be eligible to recover back pay, penalties, and other damages.
An independent contractor is not covered under wage protection statutes, including overtime laws and minimum wage. Some employers usually misclassify their workers as independent contractors to evade:
California law presumes that a worker is an employee, not an independent contractor. Courts have listed the factors differentiating employees from independent contractors, and not one factor is controlling. Therefore, should an employee sign an independent contractor contract, the contract is not dispositive of the relationship. Instead, it is simply among the factors the court will consider.
