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.

Photo Credit: Shutterstock/Africa Studio

The post Unpaid Wages: What to Know appeared first on UELG.

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.

Photo Credit: Shutterstock/Billion Photos

The post Common Wage Violations appeared first on UELG.

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.

Photo Credit: Shutterstock/ GaudiLab

The post The Value of Your Time as a California Employee appeared first on UELG.

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.
   

   ---

   Photo Credit: Shutterstock/ Billion Photos

The post Your Right to A Timely Paycheck in California appeared first on UELG.

California recently made a significant change with its labor laws, specifically about piece-rate compensation. If you are an employer that pays your employees by a piece-rate system, then you should know about this recent change. Otherwise, you could be unknowingly underpaying your employees, which can easily lead to an expensive lawsuit for you.

On the other hand, if you are an employee, then knowing about this recent change entitles you to proper compensation set by California’s labor code.

What Is It?

In some industries, it’s common for employers to pay their employees by “piece-rate” system. If an employee is on a piece-rate system, he/she gets paid for every completed task or per the number of produced units.

Common Examples:

* Carpenters that are paid by the yard
* Technicians that are compensated based on the number of units installed
* Nurses that are paid based on the number of procedures done
* Factory workers that are paid on the basis of the number of widgets he/she can produce

When practiced correctly, the piece-rate system encourages increased productivity, which is good for the employer. Employees also get the benefit of having the opportunity to earn more compared to a fixed hourly rate system.

The New Piece-Rate Compensation

California’s new piece-rate compensation is also known as the AB 1513. It went to effect last January 1, 2016. Under this recent change, California piece-rate employees must be compensated for non-productive time on top of what they are getting from the piece-rate compensation.

The additional compensation is determined by dividing the worker’s total compensation for the workweek by the number of hours worked during the same workweek. Calculations can easily get confusing, and that’s why it’s best that you consult with a professional to avoid costly problems.

Are There Any Exceptions?

Some employees may be exempt from this new change. One good example is when the employee is being paid on a commission basis. Before a compensation can be considered as a “commission basis,” the pay must be on a percentage basis in relation to the sale price.

While the employers have control on the design of the piece-rate compensation, it is not possible for the employer to opt-out from paying compensation for non-productive time. The compensation for non-productive time is based on the average hourly rate. Also, piece-rate employees must be paid for overtime. The technical details of the new change can easily get confusing, and it’s best that you consult with the appropriate professional as soon as possible.

Photo Credit: Shutterstock/ Billion Photos

The post California’s New Piece-Rate System appeared first on UELG.

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.

Photo Credit: Shutterstock/Billion Photos

The post Reporting Time Pay in California appeared first on UELG.

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.

Photo Credit: Shutterstock/Billion Photos

The post Filing a Wage Claim appeared first on UELG.

As the cases of dishonest employers who are illegally withholding the overtime wages, are increasing day by day, the California state authorities have made laws to protect the rights of the customers. Employees depend upon their wages for everything and if, they are getting more money by working overtime, they do not miss the opportunity. This is because, in today’s era of recession, everyone is in need of money. If the employers cheat them, by not paying for the overtime at the end of the month, then it can be troublesome for the employees. If this continues to happen, the workers will always be exploited. Therefore, to provide social security to the employees, laws have been made for them according to which, if an employer does not pay the overtime wage, then the employee can sue him.

In order, to assist the employees and meet their woes, one can hire the services of an unpaid wage lawyer California. Such lawyers can help them to get back their owed money. They can also provide assistance in filing, a case against the employer who has played with the wage rights of the employees. The unpaid wage lawyer California once hired will hold negotiations with the employer to convince him to pay, the overtime amount. If the negotiations do not help, then the unpaid wage lawyer California will have to take legal actions. He will firstly send a demand notice to the employer so that he can take a second thought and then, he will take legal action. Most of the times, the issues get solved when a demand notice is sent and there remains, no need to take the issue to court. However, in some complicated cases, the unpaid wage lawyer California has to put in a little extra effort for recovering the owed sum of money.

The law for unpaid wage made in the California is not only helpful in solving the issue of unpaid overtime wages, but it also covers many other issues that include paid vacations, paid sick leaves, wage supplements etc. All the subjects that are covered in this law are included to provide to justice to all those employees, who are being exploited.

We can say that, time today has changed. Now, tables have been turned. If employers violate the laws of the workers, then they will have to pay for it. Employees will no longer be helpless. They now have rights with the help of which, they can protect themselves.

The FAIR STANDARDS LABOR ACT has been introduced in the country to protect the rights of the employees. An unpaid wages lawyer in California can fight for the worker on the following issues:

*Fees of the lawyer

*The owed extra hour wages

*Double amount for the unpaid wage, if the company has intentionally not paid the employee

Photo Credit: Shutterstock/Billion Photos

The post How Unpaid Wage Lawyers Help An Employee with Unpaid Wages appeared first on UELG.

The W-2 tax form is the annual statement issued by the employers to all their employees outlining details of the total income for the year that the employee has earned and the portion of income that has been withheld for the federal tax and other forms of income tax. Employers are required to provide copies of the Form W-2 to the Social Security Administration for the purpose of sharing the data with the Internal Revenue Service.

Workers are required to report all their annual earnings from their job or jobs during a particular year. To help facilitate this process, the IRS commissions all companies to provide their employees with a Form W-2, a Wage and Tax Statement, to enable employees to file their taxes at the end of the year. According to the law, the W-2 tax form must be hand-delivered or mailed to the employee no later than January 31st reporting earnings, salaries, and tips earned in the previous calendar year.

Common Problems Relating to Form W-2

1. Not receiving your Form

If you don’t have the form by mid Feb, you should consult with your employer to know the reason. It is advisable to request for a printed copy of the form to take with you home. Otherwise, if you fail to get the Form W-2 by February 14th, you should contact the IRS for help.

2. How to correct wrong information on your W-2 form

In case you find some information that is wrongly showing on the form, you should request your employer to make the necessary corrections. Employers are given up to March 31, to file the W-2 tax forms with the respective Social Security Administration. During this time, your employer can fix any errors or mistakes in your W-2 form before it is filed with the federal government.

3. Employers refuses to issue you Form W-2

First, you are advised to make efforts and convince the employer. If your efforts to have the form are futile, then you should call the IRS using 1-800-829-1040. The IRS advises that you should have the following information ready:

–The employer’s name and complete address, including zipping code, the employer’s identification number (if known), and telephone number
–Your name and address, including zipping code, Social Security number, and telephone number; and
–An estimate of the wages you earned, the federal income tax withheld, and the dates you began and ended employment.

Employers who fail to remit, pay or report employee salaries are a hot button for the federal agency.

Photo Credit: Shutterstock/Billion Photos

The post An Overview of the Form W-2 appeared first on UELG.

Your employer failed to pay your wages in full? In case you are entitled to claim wages from United Employee Law Group (UELG). UELG organizes administrative hearing and will decide whether your employer is legally evaded payment.

This article will be useful for those who want to know how to prepare for a hearing.

Gather The Documents

To start, you need to collect all the key documents that can prove your rightness. These include the following documents:

Documents that show your work schedule and work hours.

Payment checks. Any checks or payments that you have received from your employer.

Documents obtained from your employer. All the documents that you received from your employer while working, such as letters, employment contract or other.

Correspondence of you and your employer. All e-mails, messages on social networks, or other written communications that have relation to your payroll.

Request Your Staff Records

You should also request your worker file and pay sheet records from your hirer as soon as possible. Under California law, your hirer is required to let you check your staff file within 30 days of a request. You can also give a written request for your hirer to mail you a copy of your staff file.

Participate in the settlement conference

In the majority of cases, you will need to be present in a settlement conference before the actual payroll hearing. The settlement conference is an unofficial meeting that happens with you, your hirer, and the deputy labor commissary at the UELG office. The conference can start with all of your session in one room to discuss debatable issues. The work commissioner will put you and your hirer on separate premises, and go back and forth to debate issues and offers to communicate the settlement.

The settlement conference is not an evidentiary hearing, so you do not need to bring any eyewitnesses to testify. However, you have to bring copies of any documents that you have in aid of your claim. You should also be ready with the idea of how much you are authorized under the law.

Be Present In The Court

If you and your hirer can not reach an agreement at a settlement conference, your occasion will be appointed for court hearings. The hearings will take place at the UELG offices, at the office in the labor force of the Commissioner. Though the installation might seem unofficial, the appointment will be recorded and visitors will witness under oath.

The hearing, as a rule, starts with an introducing statement from the Commissioner. After this, you will have the chance to present your occasion. Labor Commissioner can also ask you problems, throughout this time, to make things clear. You must bring in three sets of all your papers (including originals). After you finish submitting your evidence, your hirer will have the opportunity to present his defense.

Your hirer may send documents or bring witnesses to provide evidence, such as an observer who set your hourly amount of pay. You will have a chance to question these witnesses too, so come with a pre-written scroll of questions.

Photo Credit: Shutterstock/goodluz

The post Preparation for a Wage Hearing in CA appeared first on UELG.