While your employer denies paying your rightful amount, immediately consult the unpaid wages attorney of your area. He will help you to get back the amount; your employer did not pay you. The unpaid wages attorney can help you to recover your:
-Earned bonus and promised bonus
-Vacation
-Earned wages
-Salary and
-Commissions

There are several situations when an employer violates the law and stops paying an employee:
Simply withholds your payment
Several times the employers disagree to adhere to the payment policies of the written employment contract. They try to cheat the employers in this way. You have all right to contact the unpaid wages attorney in such a situation. He can help you to revive your wage, following the legal procedure.

Denies making your final payment
When you leave a company, an employer can refuse to pay your last moth fees. He can continuously delay paying off your rightful amount over and over again. Do not ignore the situation. Immediately seek help from the unpaid wages attorney. He can help you to get back your payment at the earliest.

Refuse to pay your overtime fees
Often the employees are given huge work pressure, and the employers do not bother to pay them extra. At the time of making payments, they offer usual wage amount to the employees, deducing the extra amount. The unpaid attorney can help you to come out of the situation.

Does not pay in the proper time
It is often common in the industry that the employers delay in paying the employees. The employees have the notion that, they have every right to use their employers to the optimum level. In reality, it is not always true. You can expect to get your hard earned money at the correct time. Consult the unpaid wages attorney if required.

Employment contracts are always legal. Both the employee and the employer should adhere to this strictly. If an employee agrees to work for a period at a particular wage, the employee should pay the proper amount to his employee. Whenever the employer fails to pay his employee, it is known as “unpaid wage.” You can always take legal action against an employer. Approach an unpaid wages attorney and take legal action against your employer. Whether you are a non-exempt employee or a contracted or exempt, all types of employees are protected by US Employment Laws.

Before you decide to consult an attorney, remember to collect all your papers and make a detailed list of all the hours worked in each and every week in which you have a claim you are entitled to an overtime pay.

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California takes serious care of their employees. This means that employees in California enjoy a wide array of employee protection like overtime pay when work exceeds 8 hours per day, rest breaks and meal breaks to name a few. California’s labor code can be mind-boggling for many, but this article is going to help you clear things by enumerating some of the common wage-related violations of the state. More importantly, this article is going to provide you with an idea on what to do in case you are a victim of such violations.

Common Wage Violations In California

* Minimum Wage Violations – After January 1, 2016, the minimum wage in California is set at $10 per hour. Some cities have an even higher minimum wage, like San Francisco’s $12.25 per hour. If you are receiving less than the required minimum wage, then you may be a victim of wage violations.

* Tip Credit – in some states, employers are allowed to pay less than the minimum wage just as long as the employee can make more than the prescribed minimum when factoring the employer’s wage plus tips. This is also known as a tip credit. However, in California, this does not apply. An employer must pay the minimum wage. This also means that the employees get to keep the tips.

* Overtime Violations – employees in California have the right to overtime pay. In fact, California has two kinds of overtime pay. There’s the one and a half overtime pay and double overtime pay. The specifics about the overtime pay can be confusing. Thus it’s best that you consults with a professional.

* Rest and Meal Break Violations – according to California’s labor code, employees are entitled to a rest and breaks. After the first 5 hours of working, an employee is entitled to a 30-minute unpaid break. After working 10 hours, an employee is entitled to a second meal break. Furthermore, for every hour hours, an employee is entitled to a 10-minute paid breaks.

Keep in mind that this is just a fraction of the common wage-related violations in California. If you think you are a victim of such violations, here’s what you can do.

What You Can Do About It

If you are a victim of a wage violation, then you can either submit a report through this website https://dir.tfaforms.net/53, or you can download this form https://www.dir.ca.gov/dlse/DLSE1_BOFE.pdf, fill it up and submit it to the Labor Commissions Office.

However, the best thing you can do is to consult with a California labor attorney. Don’t worry if you think you don’t have money to file a lawsuit. In most cases, if you have a strong case, you are not obliged to pay upfront. If you need help in this area, let us know.

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California has long has a reputation of one of the states that has most protective of employee rights, and all businesses in California or employing California resident must be aware of the laws governing overtime pay. All time during which an employee is “under the control of the employer,” including daily work duties, closing duties, uniform changes, and other job-related tasks is to be compensated at the full hourly rate. As a California employee, it is important to know your rights and laws.

California law requires not only that employees pay 1.5 times your standard hourly rate after 40 hours in a week as mandated by federal law, but also after 8 hours in a single day and on the 7th consecutive day of work and beyond. Employers must also pay double the standard hourly rate after 12 working hours in a single 24 hour period, after 8 hours on a 7th consecutive day of work, and under other circumstances such as state and national holidays. Employees on “standby” or “on call” status must also be paid for their commitment whether they are called to active duty or not.

State law provides very clear outlines of how workers are to be compensated for their time as well as a very specific set of exemptions. The major exempted classes are Executive, Administrative, Professional and Computer Professional categories, and in the view of the law these classes of employee are paid a salary for completing their job duties as opposed to an hourly rate for their time.

Exempted employees are not covered by the standard California overtime pay law, and must meet a number of requirements in order to become exempt. An Executive Exemption is only triggered when an employee both makes at least $640 weekly and meets certain requirements on level of authority within the company.

Administrative exemptions are commonly limited to the supporting fields of companies such as human resources, finance and legal departments, and even within these areas an employee must hold influence on significant matters before becoming ineligible for overtime, making this one of the most difficult exemptions to prove.

The Professional exemption only applies to employees holding advanced degrees, recognized merit in directly creative artistic pursuits, or licensure by the State of California to practice in a field such as law, engineering or accounting. This exemption also requires that an employee have a broad measure of control over day to day duties as well as a high level of operating freedom.

California is well-known for its high-tech culture, and the design of the Computer Professional exemption reflects this. Only computer programmers who play a central role in design and analysis of software are exempt from the overtime law, with most technicians who spend 50 percent or more of their time writing code for specific tasks entitled to overtime pay under California state law.

The California state overtime law is intended to limit abuses of employee freedom by companies, outlining acceptable compensation and time-tracking to protect their rights. Exemptions from this protection are extremely limited, and the burden of proving the validity of an exemption always falls on the employer.

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California is a state with many laws that are in favor of the rights of employees. The Federal government has a few laws that are helpful in terms of getting a paycheck in a timely manner, but generally, each individual state is responsible for ensuring that employees are paid in a timely manner. California is generally very employee oriented.

General Employee Rights

Many states have similar laws regarding the timely payment of employees, and California is no different. Aside from Alabama and South Carolina, all states require that payments to employees are made on either a weekly, biweekly, or monthly schedule. Most states also require that employers openly provide notice of their payday scheduling to employees. Different industries are often subject to different requirements; in Hawaii, for example, employees in the private sector must be paid once a month, while those in the public-sector must be paid on a semimonthly basis.

Defining A Pay Period

In California law, a pay period is defined as an amount of time that has been predetermined by you and your employer that counts towards a given paycheck. The important part here is that a pay period is predetermined and cannot be changed at the whim of your employer.

Frequency

In California, an employee must be paid at least two times per month. Administrative, executive, and professional employees can be paid once a month, but payment must be rendered by the 26th day of the month that they are working, including days off that they may have. Employers must always make sure that their employees are informed of the pay schedule in California, and are not allowed to operate outside of this schedule.

Resolving A Late Paycheck Problem

If you feel that your employer hasn’t been paying you in a timely fashion, there are steps you can take to resolve the issue. This process will not give you instant money; if you are short on cash it is important that you try to seek immediate restitution directly through your employer. If you have the time and resources to take a legal course of action, though, here are the steps that you’ll need to go through to resolve the problem:

1. Get in touch with your employer. It is possible that your delayed paycheck was simply an oversight. While this doesn’t necessarily make things right, it does make the problem easier to rectify.
2. File a claim with the labor agency in California.
3. File a lawsuit in small claims court.
4. Consider hiring an attorney who specializes in labor to assist you.
   

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There are several things you should know about reporting time pay in California. The law in California has different sections which are aimed at protecting the right of employees. There are different sections where the law protects you as an employee from different forms of exploitation.

Things you need to know about Reporting time pay in California

1. What is reporting time pay?

Some employees will call workers but the work can end up being assigned less than the normal work day work, in such a case, the employee will be paid for reporting to work. The law requires the employer to pay the worker for the time he worked and the rest of the hours will be paid under reporting wage rate. For example, if an employee will report to work and work for an hour instead of four hours, the employer will pay him on regular rates for the one hour worked and pay him based on reporting wage for the next three hours. If an employee reports to work and does not work at all, then the employer is obliged to pay for two hours based on waiting time.

2. Time paid as reporting time pay does not trigger overtime pay.

If an employer will be paid waiting time and the amount exceeds the normal pay rate, then the employer does not have to count the excess overtime. The law prohibits the act to avoid expatiation on employees.

3. Reporting time pay and meetings.

If the employer reports to work and he works for half the time he was supposed to work, then the employer can pay for the only time worked. There is debate on the amount the employee can be paid if he is called for a meeting during his work day and he was not on duty. But in normal cases the employee is paid two hours of normal work day as reporting time.

4. Exceptions to the reporting time requirements.

There are circumstances where employers are not entitled to reporting time payment. They include the following incidences:

When operation cannot begin due to threats to employer’s property, when civil authorities recommend for the work not to start

When public utilities fail to supply power or other amenities required for the running of the operations.

When acts of God such as earthquake cause an interruption which is beyond employers control.

5. What if the employee voluntarily leaves early?

If an employee leaves work early due to personal or other needs, the employer is not entitled to pay for the reporting wage.

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There are different types of severance payments an employee might get upon leaving. The first variation that they might get is getting their severance payment in different forms: lump sum payments, salary, period payments, unused vacation and sick pay, or stock payments.

Before signing a non-competition clause, ask an attorney for help securing severance pay.
Do you know your rights if you’re fired and not given the severance package that all the other employees in your department have received? Did you know, this may be considered grounds to take action against your employer for discrimination? You might even be able to receive back pay before you were denied severance pay. While an attorney can help you file an employment discrimination lawsuit, you may have difficult time proving employment discrimination, unless you have evidence supporting your case.

Having an attorney can help you in your efforts to gather evidence against your employer in an employment discrimination case. If an employee can prove the employer discriminated against them on the basis of race, religion, age, sexual orientation, or a disability, then a employee may be able to secure the severance package they were denied or severance payments.

There are no laws regarding severance package or severance payments.
Unlike employment law discrimination, there are no rules to define any severance packages or severance payments. Employers are not obligated to award severance payments or any severance packages if it’s not stipulated directly into an employee’s contract. An employee also may have signed away their rights, signing a non-competitive clause before they can receive severance payments. This means that by signing this document, many employees unwittingly give up their right to sue their employee.

Bribing employees is one tactic some employers may use to withhold a severance package or severance payments. While it is not illegal for employers to do so, employees may want to consult their attorney first. Will the fact an employer is holding onto an employee’s severance pay be an obstacle to their case if they are also trying to sue an employer for employment discrimination? This may have strengthened your case of employment discrimination against the company. However, you should seek legal advice before signing any paperwork.

While an employer’s withholding of severance benefits or pay may not be fair, this alone may not constitute discrimination. An employee must prove the employer violated classes they were not supposed to in order to be classified as employment discrimination. If an employee can point to a string of abuse, they may be more likely to win an employment discrimination charge.

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If your employer has broken any federal law or state law in California, then you are eligible to file a wage claim against him or her. In California, generally wage claims are filed in case the employer fails to provide the minimum wage or fails to provide overtime or meal expenses. If you want to file a wage claim against your employer, then you need to fill out several forms. First, you will have to fill Form 1 and then submit it to the DLSE office. In this form, you will be asked about your current employer, your work hours and the reason behind filing the claim. Depending on the reason, you may have to file several other forms like:

i) In case you are filing a claim due to unreasonable work schedule, then you need to fill form No 55.

ii) If your employer has failed to pay you commission, then you need to fill Form 155.

Filling these forms can be quite tricky. If you make any mistakes, then your claim may get rejected. Hence, it is advisable to ask a lawyer to review your forms. United Employees Law Group can help you out in this regard.

Documents required: Along with the form, DLSE may also ask you to submit some documents like:

1. Time records: They may ask you to submit some proof showing the number of hours and days you have worked over there. In case your office maintains a journal, then you can submit a copy of it as proof.

2. Payslips: You may also have to submit payslips to show how much wage you were getting paid. For cases related to unpaid wages, they are very important.

3. Bounced check: In case checks from your employer have bounced, then you need to submit a copy of those checks.

4. Notice of Employment: You may also have to submit the notice of employment, where your name, wage rate and address are mentioned.

The DLSE will also ask your employer to send all these documents. Hence, even if you have lost them, you don’t have to worry.

Time Limit: In case of most violations like failure to pay minimum wage or overtime, you have to file the claim within 3 years of the date of violation. However, it is advisable to file the claim as soon as possible. This way, it will be easier for you to get hold of all the latest documents.

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Both employer and employees should be aware of waiting time penalty in California. The law is strict on employers; all employers are supposed to pay their workers in time failure to which they can experience a penalty. If an employer will miss a deadline, the employee is entitled to an extra day pay till 30 days.

California’s Final Paycheck Law basics

The state of California has strictest laws on final paycheck. If an employee is fired, he is entitled to his final pay immediately after the determination of his duties. If an employee quits without notice, the employer has up to 72 hours to pay for the final paycheck. Failure to pay the employee upon determination of his work due to quitting can attract a penalty. An employee who quits with a notice is supposed to be paid immediately. The state of California also protects the employee by requesting the employee to pay accrued and unused vacation and the PTO to the employee final pay check.

Waiting Time Penalties

An employee has the right to be paid upon completion of his work. If an employee waits and the employer fail to pay him is paycheck, the law requires the employee to access extra pay on the days he will have to wait. For example, if the employee receives a regular pay of a certain amount, then the late payment check will be based on the average wage of the employee for the day the employer will be late to pay the final check. There are several rules which apply to late payment penalties. Some of the rules which apply include the following:

If an employee works 8 hours a day, he or she will have to earn about 12 in a day. Each late payment will be equal to the $120 an employee earns. The employer will have to pay an equal amount to the amount he pays the employee on his daily schedule.

If an employee works in a part time basis, then he will have to earn the same amount during his wait time. If, for example, an employee earns $80 per day on his part time work, he will have to be paid the exact amount if he is subject to waiting upon completion of his job.

Overtime is included in the waiting paycheck if it is regularly included in the paycheck of individuals who is subject to waiting wages. Even if the employer pays you your final paycheck, you may be entitled to waiting paycheck if you have not been compensated fully.

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Severance pay and severance agreements are always a relevant topic no matter what part of the country a person might find themselves in. In this regard, California is a state where severance pay is not required under the acting law. But, for anyone who is in this type of a situation in California, there are still options that could result in severance pay given by a company to an employee. Here are the commonly asked questions about severance pay in California.

1. Being Entitled to any Form of Severance Pay

In those cases where an employee is there by their own will (so-called “at-will employee”) and if the working arrangements are to be stopped either because of the decision of the employer or the employee, there is no legal requirement for any form of a severance for the employee. This is the foundation of the law and it has to be kept in mind by all who are in this type of a situation.

2. If there is no Legal Requirement, why do some Employers offer it regardless?

In spite of the law that does not require it, there is a range of reasons why employers still provide it. Firstly, employers that have to scale down their business chose to cushion this troubling effect on their collective by providing the layoff employees with severance pays. Then, there are situations where the employer believes that the employee could take legal action against the business. To make sure this does not happen, severance pay could be handed out in exchange for an avoidance of any possible litigation. When a severance pay is accepted, the process acts as a de facto waiver of all potential claims the employees could have on the same business. This is a tried and tested way of avoiding time-consuming and costly litigations.

3. Do Employers need to Pay the Employee to attain the Release of all Claims

Generally, some form of severance pay has to be provided to the employee so that they release their claims. The same payment cannot be in the form that already has to be legally provided to the employee, including things like back pay, due performance bonuses or anything of that kind.

4. General Terms of the Severance Agreement

The severance agreements in California usually include civil code section 1542 that represents the waiver that releases all claims, both known and unknown. Aside from this, the agreement also includes confidentiality, exclusion of present or future employment, admission of liability, a return of all company property and a non-disparagement point that defines what job reference is provided to the employers.

5. What are the Special Considerations for Employees that are over 40 years old?

Those who are age 40 or older can be protected by OWBPA (Older Workers Benefit Protection Act). This Californian act offers the employees a chance to protect themselves against potential age discrimination. To make sure that the employees in this age group are provided the same protection, it is important that they consult legal counsel so that they do not lose their claim for a severance pay.

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You need to understand California wage laws for tipped employees. What is a tip? You may be wondering under which conditions you will be considered to have given out a tip and the conditions where you will be deemed to have paid for your services. A tip is simply the amount a customer gives out to an employee due to exceptional services. The client has to give out the tips without any force or obligation for him to hand over the tips.

California wage laws for tipped employees

A tip is the sole property of the employee

The law in California prohibits employers from taking gratuity of any amount left to customers as tips. The section 351 of the labor laws in California stipulates that the entire amount which will be left as a tip to the employee should be handed over to the deserving employee. If the customer leaves the amount to be deducted from the credit card, then the full amount should be given to the employee upon processing.

The employer may not deduct the cost of credit card transaction from gratuities. 

If your company allows the customer to pay you a tip via a credit card, then the whole amount which will be indicated on the credit card as a tip should be given to you at the time the credit transaction will proceed and paid to you by the credit companies. The employer is not allowed to deduct any amount as processing fees.

CA employers may not credit tips against wages to meet the requirements of minimum wage laws

The tips the customers offer you should not be used to pay you to meet the minimum wage amounts set in California. The tips are a show of appreciation due to the services you offered the customer, and the amount should not be deducted from your salary or used to pay you wages.

Employers are allowed to impose a mandatory tip pooling policy. 

Sometimes the customer will leave a tip to the waiter. But, for the server to access the tip, the staff at the kitchen who cooked the food or the host at the front of the restaurant also contributed to the services. The employer can impose tip pooling where the tip will be shared equality to all staff as a way of trying to be fair to other employees who do not come into direct contact with the customers, but they had a great contribution to the company. Managers who have rights to fire and hire are not allowed to share the tips.

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