Working hard for your employer is something you take pride in. But when your employer fails to pay you the wages you’ve earned, it can leave you feeling frustrated and anxious. In California, you have rights that protect you from employers who withhold wages or fail to compensate you for the hours you’ve worked. Understanding what to do if your employer owes you money is essential in ensuring that you get what you deserve. Whether it’s unpaid overtime, missed meal breaks, or wages withheld for other reasons, this guide will help you understand your options for recovering unpaid wages in California. At, sickandfired.com lawyers , we are here to guide you through the legal process and help you navigate the complexities of your case.
Our Attorneys
What Are Unpaid Wages?
Unpaid wages happen when your employer does not pay you the full amount you are entitled to receive for the work you’ve done. This can take many forms. You might be missing your regular paycheck, not getting paid for overtime, or not receiving compensation for required breaks. Employers in California are required to pay their workers in a timely manner and must follow state laws regarding minimum wage, overtime, and break periods. When they fail to do this, it creates a situation where the worker may be owed unpaid wages.
One common issue that arises is the failure to pay overtime. In California, employees who work more than 8 hours in a day or more than 40 hours in a week are entitled to overtime pay. This means they should receive one and a half times their regular rate of pay for the extra hours. If your employer is not paying you overtime, they may owe you unpaid wages.
Another frequent issue involves missed meal and rest breaks. California law requires employers to provide employees with meal breaks and rest periods during their work shifts. If your employer does not allow you to take these breaks or does not compensate you for missed breaks, you could be owed additional wages.
What Steps Should You Take if You Are Owed Wages?
If you suspect that your employer owes you wages, there are several steps you can take to begin addressing the problem. The first thing to do is gather all the evidence related to your work hours and pay. This includes keeping records of your work schedule, pay stubs, and any communication with your employer about your wages. These documents will be essential if you decide to file a claim against your employer.
Danielle, Carie, and Perry are the best to work with! They showed so much compassion and care for my case. They kept me updated every step of the way and helped me understand the process of the case. I am very happy with my outcome of my case. Thank you again sickandfired.com lawyers.” - Janel Daniels This was such a new experience for me and I’m glad I called on the right team to do what was needed. You guys made sure to calm my nerves and make this horrible process so easy. Thanks again for going above and beyond." - Thomas Dede Thank you to Perry Smith and his team. From the beginning Perry and his team were clear about their services and laying the groundwork for the process of what I may expect. When I had any questions an email or phone call was made and my questions were immediately answered. Perry handled the case in an efficient manner and their communication let me know that I was in good professional hands. Once again, thank you." - Anonymous
Once you have gathered your evidence, it’s important to address the issue directly with your employer. Sometimes, wage disputes are the result of a misunderstanding or clerical error that can be resolved through communication. Let your employer know that you believe you are owed wages and present them with the evidence you have gathered. If they agree to pay you what you are owed, make sure that the payment is made promptly.
If your employer refuses to pay the wages you are owed or ignores your request, you may need to take legal action. In California, employees have the right to file a wage claim with the California Division of Labor Standards Enforcement (DLSE). The DLSE investigates wage claims and can help you recover the money your employer owes you. Filing a claim is straightforward, and you can do so by submitting a form online or in person at a DLSE office.
How to File a Wage Claim in California
Filing a wage claim with the California Division of Labor Standards Enforcement is one of the most effective ways to recover unpaid wages. The process begins by completing a wage claim form, which requires you to provide details about your employment, the wages you are owed, and any evidence that supports your claim. You will need to attach copies of any relevant documents, such as your work schedule or pay stubs, to strengthen your case.
Once your claim is filed, the DLSE will assign an investigator to review your case. The investigator may contact your employer to request additional information or to attempt to resolve the dispute without a formal hearing. If your employer does not cooperate or refuses to pay, the DLSE may schedule a hearing where both you and your employer will have the opportunity to present your case.
How sickandfired.com lawyers can help after you've been wrongfully terminated.
What should I do if I believe I have been wrongfully terminated from my job?
Related Videos
At the hearing, it’s important to be prepared and present all the evidence you have gathered. The hearing officer will review the information and make a decision about whether you are owed wages and how much you should receive. If the decision is in your favor, the DLSE will order your employer to pay the wages you are owed, along with any penalties that may apply.
What Are the Penalties for Unpaid Wages in California?
California law imposes strict penalties on employers who fail to pay their workers the wages they are owed. If your employer is found to have willfully withheld your wages, they may be required to pay you additional money as a penalty. This is designed to encourage employers to comply with wage laws and ensure that workers receive fair compensation for their labor.
The penalties for unpaid wages can vary depending on the circumstances of the case. In some instances, your employer may be required to pay a waiting time penalty, which is equal to the amount of your daily wages for each day they fail to pay you, up to a maximum of 30 days. This penalty can add up quickly, especially if your employer delays paying you for an extended period.
Additionally, if your employer has violated minimum wage or overtime laws, they may be required to pay you liquidated damages. This means that you could receive an amount equal to the unpaid wages, effectively doubling the amount your employer owes you. The purpose of these penalties is to deter employers from engaging in wage theft and to provide workers with an additional remedy for the harm they have suffered.
What to Do If Your Employer Retaliates Against You
Unfortunately, some employers may retaliate against workers who try to recover unpaid wages. Retaliation can take many forms, including firing you, demoting you, reducing your hours, or creating a hostile work environment. In California, it is illegal for employers to retaliate against workers for asserting their rights under labor laws. If your employer has retaliated against you for filing a wage claim or complaining about unpaid wages, you may have additional legal claims against them.
If you believe you have been retaliated against, you should document the actions your employer has taken and contact an attorney who can help you protect your rights. Retaliation claims can be complex, and having legal representation can make a significant difference in the outcome of your case.
How Long Do You Have to File a Wage Claim?
It’s important to be aware that there is a time limit for filing wage claims in California. This is known as the statute of limitations. For most unpaid wage claims, the statute of limitations is three years. This means that you have three years from the date the wages were due to file a claim. If you wait too long to file your claim, you may lose your right to recover the money your employer owes you.
However, there are some exceptions to this rule. For example, if your employer intentionally misclassified you as an independent contractor to avoid paying you wages, the statute of limitations may be extended. Additionally, if your claim involves certain types of penalties, such as waiting time penalties, the statute of limitations may be one year.
It’s important to act quickly if you believe your employer owes you wages. The sooner you file your claim, the easier it will be to gather evidence and ensure that you receive the money you are entitled to.
Why You May Need Legal Help
While filing a wage claim with the DLSE can be a straightforward process, some cases are more complicated than others. If your employer is disputing your claim or has retaliated against you, it may be necessary to seek legal representation. An attorney can help you navigate the legal system, ensure that your rights are protected, and increase your chances of recovering the wages you are owed.
Having legal representation is particularly important if your case involves complex issues, such as wage misclassification or retaliation. An attorney can also help you understand the full range of damages and penalties you may be entitled to, ensuring that you receive the maximum amount of compensation.
If your employer owes you unpaid wages and you’re not sure where to turn, the team at Sick and Fired can help. We understand how frustrating it can be when your hard work isn’t rewarded with fair pay. Our experienced attorneys are here to guide you through the process of recovering your unpaid wages, protecting your rights, and ensuring that justice is served. Don’t wait—contact Sick and Fired today to get started on the path toward recovering the wages you’ve earned.