Learn About Wage Theft Before It Happens to You

Compensation theft affects millions of workers every day because their employers refuse to pay them a fair wage for their work. Wage theft is not only unethical, but it is also against the law. You have the right to be fairly compensated for your efforts, and a labor lawyer can assist you in achieving that goal. Consider one of our prescreened California Attorneys in your Cal Bar Attorney Search.

Find An Employment Law Attorney for Wage and Hour Claims

California Employers are required by law to compensate their employees for all hours worked. You may have an employment law claim against your employer if you have not received the money you are entitled to. One of the most widespread types of theft in the world is wage theft. The United States, unfortunately, is no exception. Despite the fact that there is a law in place to safeguard employees, some businesses continue to fail to pay their employees what they are owed.

Wage theft comes in many forms, and it isn't necessarily about stealing money from your paychecks. If you don't know your rights, you may not even notice your company is stealing from you. You have some legal rights as an employee, such as meal breaks, rest breaks, overtime, and double time. According to the law, you must be paid within a specific amount of time after completing your work. Employers who fail to include all of these benefits to their employees are committing wage theft.

Those in California are better protected than workers in any other state. Undocumented workers are subject to California's labor laws. You have a number of legal choices accessible to you as a California employee. In California, an expert Labor Lawyer can help you figure out how much your employer owes you.

You have the right to a fair wage and working hours as a California employee.

You must first be classified as an "employee" to be eligible for legal protection. Employees are afforded more legal protections than independent contractors. Employers may misclassify employees as independent contractors on purpose in order to pay them less or give fewer benefits.

Employees have a legal right to be paid what they are entitled under the law. In California, this includes the following:

• There is one unpaid 30-minute eating break for every 5-hour shift.
• You get a second unpaid 30-minute supper break after ten hours of labor.
• A paid 10-minute break interval is provided every four hours.
• Providing statutory minimum pay to eligible personnel
• You are eligible for overtime pay after working 8 hours per day or 40 hours per week.
• You will be paid double time after 12 hours on a shift or 4 weeks without a day off.
• The salaries that are in effect are those that are decided by government contracts (even if the employer is private)
• Expenses, including mileage and the use of a personal cell phone, are reimbursed.

Employees must also be compensated at least once every 15 days. If an employee is terminated (fired), they must be paid at the time of termination. If they quit, they must be compensated within 72 hours. If your employer does not or refuses to pay you on time (or pays you late) on a regular basis, you may be able to sue them to recover the wages you are owed.

If your employer is withholding wages, you have a number of options:

• Filing a salary claim with the California Labor Commission
• filing a pay claim to the proper government department
• Taking your boss to court over a wage and hour disagreement

Additional California regulations exist to protect employees in particular industries, such as the Garment Worker Protection Act.

Wage claims are routinely settled, with your employer agreeing to pay you what you are entitled to. A wage and hour lawsuit can help you "set things right" as if your employer's misconduct didn't exist in the first place. If your wage and hour action is successful, you may be awarded monetary damages to compensate you for your employer's legal infractions. You have a right to any unpaid wages, as well as the prospect that your employer would be forced to pay interest and cover your attorney fees or litigation costs.

Wage and hour breaches can take many different forms.

Wage and hour violations, like all other types of employment claims, are founded on facts. That is to say; the decision will be based on the facts of your case.

Wage and hour violations come in all forms and sizes. You may be completely unaware that your boss is underpaying you in certain areas. Here are some examples of common types of misconduct:

• Paying workers less than the legally mandated minimum wage
• Refusing to pay employees the local minimum wage
• A common error is misclassifying a worker as an independent contractor
• Putting a worker on the wrong side of the "exemption" line
• Employees are not being paid earned commissions or promised bonuses
• Employees are not compensated for work-related expenses
• Employees were compelled to work throughout their legally mandated rest periods
• Employees are being pushed to work "beyond hours"
• Compensation for unused vacation time is not provided to employees
• Taking into account any overtime you may have put in
• Despite the fact that it is required by your employment contract, you refuse to pay hazard pay
• Using your pay to make unlawful deductions

Employer retaliation is, thankfully, illegal in California. If you file a wage and hour claim, your employer cannot retaliate against you. In fact, if your employer retaliates against you for exercising your rights, they could suffer extra-legal consequences. You may be able to recover even more damages depending on the extent of your employer's wrongdoing.

California's Minimum Wage and Overtime Regulations

Employers who pay less than the minimum wage are in violation of the law. In addition, your employer must pay you mandatory overtime for additional hours worked.

In California, the required minimum wage varies based on the size of your company. Furthermore, the minimum pay in some counties or municipalities may be higher than the state's minimum wage. The minimum wage raises nearly every year at the start of the year. If the minimum wage is increased as a result of a legislative change, your employer is required to immediately increase your salary to match.

If you were paid less than the minimum wage at the time, you have the right to file a claim to get the money you were entitled to. In addition to the minimum wage, California requires overtime pay for all hours worked:

• Over the course of an eight-hour workday
• Working more than 40 hours each week
• The first eight hours of the seventh consecutive workday of a single workweek

Overtime must be paid at 1.5 times your regular rate of pay, or time and a half, whichever comes first. If you work more than 12 hours on a single workday or more than 8 hours on your 7th consecutive workday in a workweek, you are working double overtime. Your employer must pay you double your regular hourly rate for this period.

In California, employees are entitled to lunch and rest breaks.

You are entitled to the following benefits as a California employee:

• Take a 10-minute break after every 4-hour work session.
• Take one 30-minute snack break if you work more than 5 hours a day.
• You should take a second 30-minute eating break if you work more than 10 hours a day.
• If your employer refuses or fails to give these obligatory breaks, you are entitled to one hour of compensation for each shift during which you were not able to take a break.
• Wages that aren't paid or vacation time that isn't paid are both examples of unpaid expenses.

Employers who make you work "off the clock" are in violation of the law. Work done before and after shifts, as well as administrative activities and work done during meal or rest periods, falls under this category. If you work as an employee, you have the right to collect your wages for any time you are not paid.

Under California law, wage and hour rules cannot be disregarded. You cannot, for example, just agree with your employer to labor for less than the minimum wage. Your company/employer is still required by law to pay you the lawful minimum wage.

Earned vacation time is also counted as part of your pay in California. You earn vacation time as you work, so it's included in your payment package. Your employer may put a fair cap on the total number of vacation days you can earn through overtime, but "use it or lose it" policies are not permitted.

Vacation time earned but not used cannot be waived or forfeited. Even if you are dismissed from your job, your firm owes you money for vacation time you earned but never used.

California PAGA Claims

The Private Attorney General Act (PAGA) is a 2004 California law that allows employees to sue their employers for workplace misconduct. The method for submitting a PAGA claim differs from that of a traditional compensation case.

You can launch a PAGA complaint if you meet the criteria of an "aggrieved employee" who has been subjected to at least one workplace law violation at the hands of your employer. With a PAGA complaint, you can seek damages for all of your employer's workplace breaches, not just the ones that directly affect you. You can still file a PAGA complaint even if you signed away your right to sue in your employment agreement, such as through mandatory arbitration agreements.

You can submit a PAGA claim in California for:

• Violations of the California Labor Code or other PAGA-specific statutes
• Health and safety regulations in California have been broken.
• Any additional labor law violations in California

According to the statute of limitations, you must file a PAGA claim within one year of the last infringement.

Even damages are handled differently in PAGA cases. When you file a claim under PAGA, you can only recover civil fines, not unpaid wages. Any penalties you get will be divided among all employees who have been injured by your employer's labor infractions. The balance of the fines from PAGA claims goes to the state of California.

If you're considering filing a wage claim, speak with an Labor Law Attorney to see if a PAGA claim is appropriate in your case.

You've worked long hours to make a living, and you trust your boss to compensate you appropriately. When that trust is broken, the consequences can be disastrous – and not just financially. Wrongdoing by an employer can have a major psychological and emotional impact.

Holding your employer accountable for their conduct might be scary. You may not want to put your job or reputation in jeopardy among your coworkers. However, if your firm is robbing you of your earnings, it is almost certain that they are also scamming other employees. As a result, many pay disputes turn into class-action lawsuits, in which the interests of multiple employees are represented.

Are you afraid that your boss may retaliate?

If you lose your job, it might be terrible for you and your family. This is especially true in today's economy, with so many individuals struggling to make ends meet. Finding a new job can be challenging, especially if your firing has a negative influence on your resume. Unemployment could drain your savings or force you to fall behind on your mortgage payments.

Job loss is sometimes unavoidable and has nothing to do with you, such as with company-wide layoffs or restructuring. Poor performance can occasionally result in dismissal. In the United States, the majority of jobs are on an at-will basis. That means you could be fired or have your contract terminated for any reason at any time.

So, if you've been fired without cause, what should you do? Contacting a local LA Employment Lawyer as soon as possible is the first and most prudent action. Short statutes of limitations apply to wrongful termination claims, which means you only have a limited period of time to make a claim.

Not only that, but if you submit your wrongful termination lawsuit as soon as possible, you will have the best chance of winning. Otherwise, your manager has plenty of time to erase or hide evidence of wrongdoing.

Your California Labor Lawyer can aid you in fully knowing all of your options. One alternative is to file a wrongful termination lawsuit to recoup what you would have got if you hadn't been fired. This compensation may reimburse your missed wages and benefits. You may also be entitled to monetary damages for any emotional distress you suffered as a result of your dismissal. Punitive damages might be available if your employer's actions were very egregious. If you were fired unjustly, unfairly, or erroneously from your job, you already have a lot on your mind.

What Are Some Examples of Wrongful Termination?

It is a major felony to wrongfully terminate someone in violation of the law. If you were fired for any of the following reasons, your dismissal could be illegal:

• When you refuse to break the law because your boss has asked you to.
• Because of your age, color, national origin, gender identity or expression, sexual orientation, handicap, religious beliefs, pregnancy, or any other protected trait, your employer discriminates against you.
• When you disclose illegal workplace discrimination or harassment, your boss retaliates.
• If you deny sexual approaches or report sexual harassment, you will be punished.
• As a whistleblower, you uncover legal violations at work, such as workplace safety hazards or pay and hour violations.
• You are fired primarily because of your age and replaced with someone younger.
• You take part in a workplace wrongdoing investigation.
• Due to a disability or religious practice, you require particular consideration.
• You want to know whether your employer is following the law.
• You take advantage of your lawful medical leave to look after yourself or a family member.
• You take a leave from work to join the United States military.
• You inquire about the salaries of your coworkers to see if your employer engages in wage discrimination.

Many people work in toxic environments that are full of harassment and discrimination. Many employees are completely ignorant that their managers are treating them unethically or illegally. Many of these workers are completely uninformed of their legal rights.

Taking on your boss may appear to be an impossible task bound to fail right from the start. After all, what resources do you have in contrast to a huge organization or business? As an employee, you are at the mercy of this power imbalance.

If you were fired wrongfully from your job, you would have rights and options. Your California Employment Law Attorney is your strongest advocate and defender, committed to protecting and defending your rights. Every wrongful termination case is different. The specifics of your case will be established by the facts.

Wrongful Termination and Employee Protections in California

The Equal Employment Opportunity Commission (EEOC) is a federal agency that monitors and examines employee protection laws across the country. However, when compared to federal law, California law goes a long way to protect employees.

California has a long history of offering some of the country's most comprehensive employee protections. California was ahead of many states in granting legal rights to LGBTQA+ employees before the Supreme Court's recent decision. The California Labor and Workforce Development Agency (LWDA) is responsible for enforcing state labor laws, while the California Fair Employment and Housing Council (FEHC) is responsible for handling state employment complaints.

That is why it is critical to choose a local Labor Lawyer. Hiring a Los Angeles Labor Law Attorney who specializes in California employment law is your best protection.

California Labor Code, Private Attorneys General Act of 2004 (PAGA)

California approved the Labor Code Private Attorney General Act in 2004. (PAGA). Any individual citizen can sue their employer for violating state labor laws and get a monetary penalty as a result. That implies you have the legal authority to hold your employer liable for violations of the state labor laws in California.

Any current or former employee can make a claim against their employer on behalf of themselves or another coworker. A penalty of $100 per employee per violation of each pay period will be imposed under any law that does not specify a penalty. A $200 punishment will be imposed for any consecutive violations of the same statute. If you've been harassed several times over a long period of time, the fines can quickly add up. As the plaintiff, you get a quarter of the total.

What Is Workplace Retaliation, Exactly?

Retaliation occurs when your employer takes "adverse action" against you for something that is legally permitted. When public policy is violated, retaliation may follow.

A court would find your employer's behavior to be unfavorable if:

• The action was "tangible enough" to affect a term or condition of your employment.
• You can show a link between your protected behavior and the action.

Retribution is a type of retaliation that takes the form of wrongful termination. Retaliation, on the other hand, does not automatically mean dismissal. Your supervisor may retaliate against you in a variety of ways, some of which are more subtle than others.

Unfortunately, retaliation in the workplace is all too common. Retaliation complaints can lead to expensive judgments against employers who are found to be at fault. Employer retaliation may take the following forms:

• You've been demoted or overlooked for advancements
• Refusing to assign you important duties or better shifts
• Either reducing your hours or assigning you a challenging schedule
• You're missing out on important communications
• Putting you on the back burner or delegating mundane tasks to you
• Tolerance of abuse or encouragement of abuse directed towards you
• Creating a combative work atmosphere
• Making your job difficult or impossible to do
• You are being convinced or forced to retire or resign
• Misinformation or rumors about you are circulating across the office
• You've been terminated

In addition to breaking public policies, it is also illegal for your employer to retaliate against you based on state or federal statutes. You may have a valid case against your employer if they retaliate against you for exercising your legal rights. The following are examples of this:

• Regulations on wages and working hours
• Family and medical leave legislation
• Veterans' and active-duty military personnel's rights

Because workplace retaliation can have a significant influence on an employee's life and career, the law takes it very seriously. In California, employers are required by law to have a retaliation prevention strategy in place, and they are encouraged to have a zero-tolerance policy for retaliatory incidents.

Your employer should take the following precautions to avoid retaliation at work:

• Have an anti-retaliation policy that is both transparent and available to all employees.
• Employees should be informed about the policy as well as the retaliatory reporting system.
• Encourage all staff to speak out about any issues they're having.
• Taking complaints seriously and working to resolve them as quickly as feasible.
• Initiate a thorough inquiry into any issues and, if necessary, take corrective action.
• Managers and other staff should be educated on how to handle prohibited behavior.
• Remind supervisors that retaliation will be met with retaliation.
• Employees who disclose misconduct should be warned that they may face retaliation.
• Prevent revenge from occurring or increasing wherever feasible.

Your employer could be held accountable for failing to prevent or respond to retaliation if they knew or should have known about it.

In California, immigrants are protected from retaliation.

California gives additional immigration-related protections to workers. The California Labor Code declares it illegal for an employer to retaliate against an employee by using the immigration system. In retaliation for exercising your legal rights under this legislation, your employer cannot take any of the following actions against you:

• Immigration paperwork is being demanded in excess of what is required by federal law.
• Refusing to accept what appear to be valid immigration documents
• Using the government E-Verify system to check your immigration status when it is neither necessary nor authorized by law
• Threatening or filing a fake police report with the intent of causing immigration issues
• Attempting to contact or threatening to contact immigration officials

Workplace retaliation has serious consequences, not only financially but also emotionally. To sustain ourselves and our families, the bulk of us rely on our jobs. Many of us regard our jobs to be more than just a source of income; they are also fulfilling vocations. It's terrible to have everything put in jeopardy because of the acts of a coworker or supervisor.

Workplace Retaliation for Reporting OSHA Violations

In the United States, the Occupational Safety and Health Administration (OSHA) is mainly responsible for workplace safety on a national level. If you believe there have been violations of the law, you have the legal right to submit a complaint with OSHA.

Despite the fact that the OSHA reporting method is secure, your employer may learn or infer that you filed the report in another method. It would be illegal for your company/employer to take action against you in retaliation for filing a report.

You may have multiple legal options and criteria for pursuing a claim because employment is covered by so many federal, state, and municipal laws — and so many government organizations are involved in enforcing them. Following a full factual analysis of your case, a CA Labor Lawyer can assist you in determining your best chances of success.

What are my rights as a whistleblower?

Whistleblower laws give another layer of protection against retaliation at work. Whistleblowers are people who report workplace conduct or conditions that they believe are unsafe, illegal, or against public policy.

As a whistleblower, you may have observed coworkers or supervisors at your workplace:

• Ignoring quality assurance checks relating to safety
• Hiring with a bias, whether it's apparent or unconscious, is a bad idea
• Failure to investigate or take serious complaints of wrongdoing
• Employees who are accused of misbehavior are protected, but those who report misconduct are punished
• Putting employees in danger by allowing them to work in dangerous conditions
• They are indulging in illegal commercial methods for the purpose of profit
• committing any other type of crime or misconduct

You may have discussed your concerns with your employer or human resources. You may have even made a formal complaint to the proper government agency. Your protests may have gone unheeded, allowing the violation to continue. Worse, raising the alarm may have resulted in you being demoted, receiving fewer shifts, or being fired.

You are protected as a whistleblower as long as you submit your complaint in good faith (i.e., you honestly believe you have witnessed criminal action).

For the sake of everyone's safety, including employees and consumers, the government wants to encourage whistleblowers to come forward. Whistleblowers have been instrumental in exposing some of the most heinous acts of workplace misconduct in US history. Whistleblower testimony has led to the abolition of dishonest CEOs and the recall of dangerous products. Whistleblowers save lives on a daily basis, and this is not an exaggeration.

Whistleblowers are protected whether they report their company's illegal activities through an internal complaint procedure or a government institution under oversight.

Whistleblowers are protected under California Labor Code

Whistleblowers are protected under California Labor Code Section 1102.5. Under this state law, employers are banned from taking any action or adopting any policy or practice that prohibits an employee from reporting wrongdoing. Employees cannot be barred from assisting with an investigation by their employers.

Employees who filed complaints with state or federal government agencies were previously covered under whistleblower statutes. In 2014, California legislation broadened that protection to encompass any employee who reports wrongdoing through their company's internal procedures.

California provides the broadest protections for whistleblowers of any state. If your company is found guilty of retaliation in California, they might face penalties of up to $10,000 per violation, which could include back pay, reinstatement of your job and benefits, as well as damages.

You have several legal options if you are facing retribution or wrongful termination. Consult with an LA Employment Lawyer about your specific situation to determine the best course of action.

What Is the Most Effective Way to Establish Wrongful Termination?

Some wrongful termination scenarios are simpler to comprehend than others. For example, you could be dismissed for violating the terms of your job contract in the event of a breach of contract.

Other situations, on the other hand, can be more difficult to demonstrate. Most employers will not inform you if you are being demoted or dismissed for illegal or discriminatory grounds. Some businesses may even try to blame you by charging you falsely or presenting inaccurate performance data. They might try to obfuscate their tracks by deleting emails or other records. Your employer might attempt to lock you out of your own employee accounts, preventing you from accessing them.

Your California Labor Law Attorney can help you conduct research and gather evidence to support your labor law claim. However, starting to think about proof as soon as possible is also a smart idea. You should also write down whatever you can, especially if you're addressing internal difficulties.

Here are some examples of evidence that can be used to prove wrongful termination:

• Statements, chats, or written papers
• Work performance reports that illustrate your great work history
• Verbal assertions are backed up by witness testimony.
• Circumstantial evidence includes patterns of behavior or bias.
• Observations on how other colleagues at work are treated
• Any reports you sent to your superiors, HR, or government organizations
• If the retaliatory action took place soon after the protected activity,
• Any evidence or testimony that refutes your boss's version of events is admissible.
• Evidence that your employer broke their own anti-retaliation policies, such as not completing a misbehavior inquiry.

Keep written records of any incidents you can, especially if they involve difficult-to-follow verbal exchanges or microaggressions that would be difficult to prove otherwise. The evidence will be significantly more convincing if you can provide particular examples of behavior. Ensure that proofs are saved somewhere other than your office computer or email.

You should be able to request a copy of your personnel file as well as any performance reports on your work records if you are capable of doing so.

Proving motive is one of the most difficult components of wrongful termination and retaliation litigation. Your manager might just as easily argue that they had another acceptable explanation for their behavior if you're an at-will employee. The more proof you have to support your position, the better.

Damages in Wrongful Termination Cases

Damages are the law's means of "making you whole" — as if the wrongdoing against you never happened in the first place, despite the fact that monetary compensation can only go so far. In cases where your employer's misbehavior is exceptionally egregious, a court may award you punitive damages to penalize them. Punitive damages are used to deter bad behavior.

Evidence is necessary not just to prove your claim but also to calculate the number of damages you are entitled to. You must show the court that you experienced genuine damages as a direct result of the wrongdoing, as well as the magnitude of those damages.

Retaliation or wrongful termination damages could include:

• Compensation for missed wages, income, overtime, and any other factor is available.
• Health insurance, dental insurance, as well as pensions, retirement plans, stock options, and profit-sharing arrangements that have all been lost.
• The expenses and losses of looking for a new job
• Damages may be granted in the most egregious cases of harassment, bullying, or misconduct, emotional anguish, or "pain and suffering."

Punitive damages are normally decided by a jury. Punitive damages may be available if you can prove that the wrongdoing was oppressive, dishonest, or malicious. The amount can vary depending on the severity of the crime.

Settlements in Lawsuits for Wrongful Termination and Retaliation

Wrongful termination and retaliation lawsuits go to trial in some situations. Some of them, however, result in agreements between you and your employer.

You should consider retaining an experienced Labor Lawyer in California on your side when negotiating a settlement with your employer. Your Los Angeles Labor Lawyer can help you establish your expectations based on the strength of your case. They can assist you in determining when it is appropriate to resist and when it is best to accept. Never sign a settlement agreement without checking with an Labor Law Attorney first. In many cases, you may be able to get a much better deal than the original settlement offer.

The settlements do not all have monetary terms. Your employer may be forced to return your employment or supply you with a solid reference as part of your compensation.

Find An Wage and Hour Labor Lawyer in California

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