People work to pay bills and do so on time. Any payment delays can derail deadlines, bills, and essential purchases. In California, an employer who fails to make timely wage payments faces fines.
You may also take legal action to recover losses caused by these delays. You essentially compensation for any losses you experienced due to your employer's failure to pay you when you make a claim against them for unpaid wages.
Let's look at your possible legal options for back pay, as experienced by prescreened California unpaid wage lawyers.
Employers Cannot Delay Your Payment In Los Angeles
California can hand down more fines to your employer if they violate your employee rights. Penalties are intended to chastise your employer and discourage them from wrongful salary withholding in the future.
Damages In Successful Unpaid Wage Claims In California
Your unpaid wages, also referred to as "back pay," are the sums you earned for working but were not compensated for. For example, a court may grant you back pay if your employer didn't pay you for all your worked hours.
Your unpaid hours multiplied by your hourly wage equals your back pay. So you will earn $450 in back pay if your hourly rate is $15 and you worked 30 hours "off the clock" without getting paid for them.
Remember: You technically cannot work "off the clock" in California. So, if you worked, then you should be paid for it. If your employer refuses to pay you, then you can be eligible to file an unpaid wage claim in California.
How Do You Prove Back Pay In California?
Remember, you have the right to collect employment records. You can request your files and use them to prove your payment schedules and when you should have received payment.
You should also compile your payslips, time cards, and employment contract to help establish a timeline. Finally, if you have emails and messages showing your employer refusing to pay, you should keep those too.
You will be going up against your employer, so you want to ensure you have everything down, submit requirements, and meet deadlines for filing claims. A California unpaid wages lawyer can also help you get the best outcome for your California claims.
Late Paycheck Penalties For California Employers
California labor laws will have different penalties depending on how many violations an employer commits. The fines are as follows:
- California Labor Code 210 mandates that employers pay a $100 fine for a first offense if you get your paycheck late.
- The fine for a second offense is $200 plus 25% of the money your employer wrongfully withheld.
- If the infringement was intentional, even if it was the first offense, it will have a penalty of $200 plus 25% of pay wrongfully withheld.
If you're unsure about whether you're eligible for your claim, consult a California employment lawyer to know your legal options. Your California labor attorney can review your claim, consider its viability, and advise you on your next step.
What If There Are Multiple Employees With Witheld Pay?
Consider filing a claim under California's Private Attorney General Act (PAGA) when several employees are impacted by your employer's infringement. Employees in California can now enforce the Labor Code on behalf of the State of California, other employees, and themselves.
You have the right to receive a percentage of the fines that the State of California gets when you decide to pursue this action. A California employment law attorney can assist you in choosing the course of action that is best for your situation.
Hire A California Employment Law Attorney Near Me
Need an employment law attorney in California? 1000Attorneys is a State Bar Certified lawyer referral service that links up clients with prescreened California Labor Lawyers.
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