Companies are frequently audited and investigated by the State of California's Division of Labor Standards Enforcement (DLSE). As a result, the majority of employees will be informed if back pay is determined to be due.
In addition, the DLSE will typically send a formal notification informing the recipient of the state or federal wage infraction and the amount owing. Unfortunately, even though this sounds convenient, it doesn't always happen.
Sometimes, it's up to you to determine if a violation occurs. Here's what our prescreened employment law attorneys in Los Angeles have to say about claiming back pay:
What Do You Do When Your California Employer Doesn't Pay You Right?
As a non-exempt employee, you are legally entitled to the following wage rights in California:
- Minimum wage
- Overtime compensation
- Lunch breaks
- Off-the-clock restrictions
This also means misclassifying you would violate your employment rights, restricting you from getting the abovementioned benefits.
Our top employment lawyers in Los Angeles advise that you track your pay and compare it to your paycheck to monitor your income. For instance, record your start and end times as well as lunch and break times to keep track of the number of hours you work each day.
Comparing your pay stubs when you receive them can allow you to see any discrepancies and prompt you to inquire about them. Keep a copy of every pay stub for your records.
How Much Can I Get In Back Pay Claims In California?
You undoubtedly want to know how much you are entitled in back pay if you believe you are or have been told you are. But, figuring out this sum is crucial for submitting a claim and getting your money.
What is the value of your claim, then? Well, that depends on the infraction and the response from the employer. For instance, if it can be proven that there was a genuine error, you might be entitled to both the unpaid wages you are due plus interest.
The employer may also be held legally accountable for damages and fines if the back pay results from violations of the labor laws. These sums could consist of:
- The sum of the violation's unpaid pay
- Interest
- Missed meal and rest breaks
- Reasonable court costs and attorney fees
Filing A California Back Pay Lawsuit
You may be able to collect the money owed to you by bringing a lawsuit for back pay. However, and as we just discussed, this can also involve charges like interest and fees. For advice on the procedure or to ascertain whether it is the appropriate line of action, it is best to speak with a California employment lawyer.
The superior court of California is typically the venue for backpay lawsuits. There will be a hearing and a settlement conference. There must be proof of the back pay, and there will be legal arguments. After both sides have been heard, an order will be submitted along with the decision. If the decision goes in your favor, the employer may be forced to give you your back salary. In that case, your California Employment Law Attorney might pursue an appeal.
Remember that litigation can be expensive. And it may cost you time and money if you aren't discovered in favor once more. The appropriate line of action can be decided with help from prescreened California Employment Lawyers.
It should be noted that California employment laws expressly forbid employers from punishing an employee for bringing a wage claim or bringing up an infraction.
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