The minimum wage under the Fair Labor Standards Act (FLSA) is $7.25 per hour. The minimum wage is a safety net that protects employees and workers from being exploited and underpaid.
However, if you are working or planning to work in California, the state laws on minimum wage is different.
A lot of set labor laws under FLSA significantly differ from California's. So let's look at how this might affect you, your employer, and your employment rights in California:
Minimum Wage Laws, FLSA, And California State Policies
Why Does State Policy On Employment Law Matter?
California's minimum wage is $15 per hour. That's twice the amount set by FLSA, which has been unchanged since 2009.
The FLSA and California labor policies also differ in the following:
- Standards for the minimum wage
- Labor laws governing employment in interstate commerce
- Lump sum bonuses
- Paid overtime
- The prohibition of child labor
- Rest and meal breaks
- Travel time
- Determining exempt employees in California
In other words, there is a disparity between FLSA vs. California employment law, and you might miss out on pay and benefits if you don't know which one you should get.
If you think you're having problems with wages and benefits, you should consult a California wage and hour attorney near you. A prescreened employment attorney in Los Angeles knows how to deal with employers, even stubborn ones, and compel them to give you the pay you deserve.
What's An Unpaid Wage Claim In California?
There are cases where employers will refer to the FLSA set minimum wage, basically underpaying an employee under California wage and hour laws. Remember, your California minimum wage is $15 per hour. Therefore, you can file a wage and hour lawsuit in California when this happens.
Successful plaintiffs can collect the wage or salary set they are owed this way. For a wage and hour lawsuit in California to be successful, you must have enough evidence, follow deadlines, submit the proper paperwork, and have a solid case.
California labor and employment law lawyers know this. As a result, they will be able to assist you in getting the compensation you deserve. They will also assist you in settlement negotiations, conduct their own investigations, help gather evidence, and represent you in court.
How To File Unpaid Wage Claims In California
If the employer fails to pay due wages, intentionally or not, the employee may file a wage and hour lawsuit in California. The employee needs to do the following things before bringing a lawsuit:
- Send the employer a letter or email explaining the amount owed, the dates, and the hours worked.
- Gather all emails and other correspondence you have with the employer, particularly any that are proof of your employment or mention any past-due pay. This is essential for employees who are "at-will" or don't have a contract.
- Collect more evidence for the case, such as contracts, pay stubs, and records.
- Make a complaint by contacting the Attorney General's Office. The minimum wage laws will be enforced by this office. It won't offer specific legal aid, though.
- Send a report to the California office of the US Department of Labor.
- The procedure, requirements, and agreements could still need to be dealt with even if you decide not to file a case. This could be difficult, especially if you want to settle outstanding wages.
To ensure you get the best possible outcome, contact a California wage and hour attorney to assist you.
Hire A Prescreened Unpaid Wages Lawyer in Los Angeles ASAP!
1000Attorneys provides referrals to a trusted, experienced, and prescreened California employment law attorney near you. In addition, we offer a free case review to ensure you're matched with the right Unpaid Wages California Attorney to handle your unique labor law claim.
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