Resolving Wage Disputes Lawyers Ventura Workers
Every employer in California is required to pay their employees for the hours they work. Employers must also pay those wages in a timely manner to avoid fines and penalties. Wage disputes can arise if an employer withholds pay from an employee or pays an employee late. Fortunately, the law protects workers from wage theft, and employers in California are not allowed to pay their employees late.
What are the penalties for late or unpaid wages?
The penalties for late payments include the following:
Regular Pay
When an employer withholds pay from an employee without a justifiable reason, the state can fine them $100 per day and $200 per day for any further violations. Even if you and your employer disagree about the compensation you are owed, your employer must still pay you on time.
Overtime Pay
Employers generally have a longer window to pay employees overtime pay. However, if the overtime is not paid for by the next paycheck, employers can face fines.
Vacation Pay
Under California law, vacation pay is part of your wages. If your employer provides vacation pay, they are obligated to pay you for any unused vacation days once you leave that job. If they do not, they can face fines.
Final Paycheck
If you are no longer working for your employer, they must provide you a final paycheck on your last day or within the last week of work if you have provided them notice. If not, your employer will face fines from the state.
Being involved in a wage dispute is an incredibly frustrating experience. If you’d like legal assistance with your case, contact our law firm at 310-356-0074 today.
How Do You File a Wage Claim?
The first step after experiencing wage theft is to file a wage claim with the Labor Commissioner’s Office. You can file online to submit information about your employer and your experience.
When you file your claim, be sure to include the following:
- Information about your employer: Include the name and address of the company or individual you work for. This information helps the Labor Commissioner’s Office investigate your employer.
- Hours worked: Write down the hours you work every day, including your meal breaks or rest breaks. Also, tally up the total hours you have worked.
- Pay stubs: Every time you are paid, your employer must provide you with a pay stub. Your pay stub includes information about your wages and the pay period. Submit your pay stubs to show any discrepancies in your payments.
Once you have filed a claim, the Labor Commissioner’s Office will investigate everything you have submitted. If your employer is found to be at fault, you will be invited to a settlement conference. It is highly recommended that you bring legal representation to this conference. If no settlement is reached, you will be scheduled for a wage hearing.
Can You Seek Damages for Unpaid Wages?
Your employer must pay penalties if they do not pay you on time. You can recover up to 25% of those penalties by filing a lawsuit. Our law firm can help you file a Private Attorneys General Act (PAGA) claim against your employer to recover damages for your unpaid wages.
You can also file a lawsuit against your employer for failing to issue you your final paycheck. Full-time employees are entitled to compensation for every day the paycheck is not issued. If you’d like to pursue a lawsuit, contact our law firm today.
How Can a Ventura Employment Law Attorney Help?
California employers are bound by law to pay their employees on time and for the hours they have worked. If you are facing an employer who is unwilling to pay you or hasn’t paid you on time, you deserve to seek justice and get compensation. Our employment law attorney will walk you through the legal steps you need to take to file a wage claim and pursue damages.
At Skinner Law Corp, we understand how important it is to get paid for the work you have done. We will not stop fighting until you get the outcome you deserve. Call today at 310-356-0074 for a consultation about your case.