Wage disputes remain remarkably common in the United States. According to the Economic Policy Institute, in the 10 most populous states “2.4 million workers lose $8 billion annually (an average of $3,300 per year for year-round workers) to minimum wage violations—nearly a quarter of their earned wages. This form of wage theft affects 17 percent of low-wage workers, with workers in all demographic categories being cheated out of pay.” If you have unpaid wages in California, you are not alone. Here are five steps that you can take in order to help recover your money.
Understand Your Legal Rights
Workers in California should understand that they do have legal rights. They have the right to be paid all of their wages. It is illegal for any employer to engage in wage theft. In the event of a dispute, it is also illegal for employers to engage in retaliation.
Generally speaking, workers in California have three years in order to file a wage dispute. However, it is also possible that certain penalties against your employer could potentially extend that deadline. Despite the extended deadlines, it is typically better to bring wage disputes sooner rather than later.
When an employer violates several wage laws for multiple workers, this could form the basis of a class action lawsuit. One of the benefits of a class action lawsuit is that it is typically easier to demonstrate that an employer acted illegally when many people are all making the same claim.
Review Your Payment Stubs
If you suspect that you may have unpaid wages at your employment, you should review payment stubs for discrepancies in terms of hours worked and wages paid. You can also compare time sheets, bank deposits, and other personal records at your disposal. Make sure that you are at least being paid minimum wage and overtime in accordance with state laws.
Speak With Your Employer
Unpaid wages may be the result of minor clerical errors. Everyone makes mistakes on occasion. In the event you’re able to locate any such errors, receiving payment for unpaid wages should be relatively easy after you’ve brought this discrepancy to your employer. Politely bring the issue up to HR or a supervisor. Document all of the communications that you have related to unpaid wages. These may prove quite useful later on if the wage dispute is not resolved.
File a Wage Claim With the California Labor Commissioner
In many circumstances, you can recover unpaid wages after bringing the issue to your employer. But this might not always be the case. If you’re having a prolonged dispute over unpaid wages, you should strongly consider filing a dispute with the California Labor Commissioner.
In preparation for filing a wage claim with the California Labor Commissioner, you should gather all of the supporting materials that help demonstrate that you have unpaid wages. This may include copies of employment contracts, pay stubs, time sheets, and communications with your employer. They will investigate your case and help bring it to a resolution.
Consider Legal Action
In some situations, employees may have no other option but to consider taking legal action in order to recover unpaid wages. Any person that has been harmed by unpaid wages may be able to seek numerous damages. This can include back pay, penalties, and all attorney fees related to pursuing the civil claim. An employment lawyer can assess the strength of your claim and let you know how much money you may be entitled to and whether additional penalties may apply.
Getting Legal Help For Wage Disputes
There is an inherent imbalance in the employer/employee relationship. Employers understand that most workers need their jobs in order to pay for their bills and to take care of their families. Unscrupulous employers will leverage this strength to avoid paying their employees the wages that they’re entitled to.
If you or someone that you love ends up in this situation, it is important to understand that you do have legal options. You may be able to recover damages through a civil claim. Our labor law attorneys at The Labor Champ are here to help you. We have recovered hundreds of millions of dollars for our deserving clients. Whether you just have legal questions or need help with a particular issue at work, we may be able to assist you. You can contact our office anytime for a risk-free consultation at 949-727-9300.
