As an employee, one of the most frustrating things you can experience is not getting paid for the work you have done. Unpaid wages can cause a significant amount of stress and financial strain.  In addition, it can be challenging to know what steps to take to recover your unpaid wages.  This is where the search for “unpaid wages lawyers near me,” such as Mark Charles Law APC, comes in.  They can offer the experience, skills, and resources to help ensure you get paid the wages you are owed.

Common Unpaid Wages Scenarios for Employees

Unpaid wages can come in many forms.  However, the most common form is not paying a non-exempt (also known commonly as “hourly”) employee properly.  Here are some common examples:

1. Overtime violations – California law is clear: employers must pay one and a half times (1.5) an employee’s “regular rate” (also known as the effective “hourly rate”) if the employee works more than forty (40) hours per week or more than eight (8) hours per day.  An employee is entitled to double the “regular rate” for work more than twelve (12) hours per day [Labor Code section 510(a)].  Common employer misakes include not paying an employee overtime for more than eight hours worked in a single day because the weekly total number of hours was under forty hours in a week.  Another mistake is forcing an employee to work additional time after the employee has “clocked out” or is required to work off the clock.  The requirement of the employer to pay an employee overtime is there whether or not the employer knew or should have known overtime was worked.  If your employer is not paying you overtime when you are entitled to it, you may have an unpaid overtime claim.

1. Minimum wage violations – As of January 1, 2023, the minimum wage in California is $15.50 for all employers, regardless of the number of employees.  [Labor Code section 1182.12(c)(1); see also www.dir.ca.gov, “Minimum Wage”].  It is also important to note that some California cities have required higher minimum wage amounts than California.  For example, the City of Los Angeles is $16.04 (and will increase to $16.78 in July 2023) and the City of Pasadena is $16.93.  If your employer is not paying you the minimum wage, you may have an unpaid minimum wage claim.

1. Misclassification of employees – Some employers misclassify their employees as “independent contractors” when they should have been treated as an employee to avoid complying with California’s labor laws, maintaining workers’ compensation insurance, and employer taxes.  California law presumes an individual is an employee, rather than an independent contractor.  [Labor Code section 2775(b)].  Employers will also misclassify an employee that is paid a “salary” and not comply with California’s labor laws by paying overtime compensation or providing meal and rest periods.  If you have been treated as an independent contractor or “salaried” employee and it was improper, you may be entitled to unpaid wages and meal and rest time premium under California’s labor laws.

1. Failure to pay all hours worked – Some employers fail to pay employees for all the hours they have worked, even though the wages are owed.  Common examples of failing to pay for all hours worked include the failure to pay for hours that are worked “off the clock,” failure to pay for time an employee spends preparing for or wrapping up their shifts (“donning and doffing”), failure to pay commissions owed at the time of the end of employment, meal and rest time premiums, and failure to pay all wages owed at the time the employment is terminated.  If you believe that you have not been paid for all wages owed, you may have unpaid wages claim.

1. Failure to provide breaks and meal periods –  Nonexempt California Employees are entitled to an uninterrupted thirty (30) minute meal period that must be taken within five (5) hours of work and another thirty (30) minute meal period when working more than twelve (12) hours in one shift.  [Labor Code section 226.7]  Nonexempt California employees are entitled to a ten (10) minute break within every four (4) hours of work (two 10 minute breaks for an eight-hour shift).  If your employer is not providing these breaks and meal periods or preventing you from taking those breaks, you may be entitled to penalties from the employer.

Remedies for Employees who have Unpaid Wages

California has several laws in place to protect employees from unpaid wages by their employer. Below are some of the remedies that employees can seek from the employer for the different types of Labor Code violations:

1. Payment of Unpaid Wages – Employees can recover wages due and owing, whether they be for base pay, overtime or minimum wage.  For employees that did not receive the unpaid overtime or were not paid minimum wages, they are entitled to recover interest.  [Labor Code section 1194]

1. Penalties – Depending on the situation, employees can recover penalties from the employer for the failure to pay the proper wages.  For example, if an employee is not paid all wages at the time of termination, they can recover waiting time penalties for up to thirty (30) days of a full days’ worth of pay.  [Labor Code section 203].  The timing of how that is calculated can differ if the employee is fired (all wages due are owed on the same day) or if the employee quits or resigns (72 hours within quitting or resigning).  Employees that were not paid minimum wages during their employment can also recover liquidated damages.  [Labor Code section 1194.2]  In those situations, the employee is entitled to recover “in an amount equal to the wages unlawfully unpaid and interest thereon” for failure to pay minimum wages.  For nonxempt employees that did not receive their proper meal and rest breaks, they can recover one hour of the employee’s “regular rate of compensation.”  [Labor Code section 226.7]  There are time limits for recovering penalties from an employer, so it is important to consult an unpaid wages lawyer promptly to protect these rights.

1. Attorney’s Fees –  A successful employee who pursues a wage claim against their current or former employer case may seek an award of reasonable attorney’s fees and court costs. [See Labor Code sections 218.5(a), 1194(a); On-Line Power, Inc. v. Mazur (2007) 149 CA4th 1079, 1086, 57 CR3d 698, 703—§ 218.5 applies to wage claims by all employees, including salaried corporate executives.  The attorney’s fees cannot be shared with the employee, but they are very helpful in getting the employer to pay the unpaid wages to the employee.

Why Do You Need Unpaid Wages Lawyers Near Me?

When an employee feels that their rights have been violated by their employer, the employee should consult a wage and hour attorney in Los Angeles at the earliest opportunity.  Time is of the essence because there are precious deadlines that can expire if an attorney is not contacted and these rights are not understood.  Employees in Southern California rely on Mark Charles Law APC for help.  We focus and limit our practice almost exclusively on employment law, making us the firm of choice for clients in Southern California, including Pasadena, Ontario, Rancho Cucamonga, and Pomona.  Our many years of experience and our aggressive approach are respected by clients and productive in the courtroom.  We are dedicated to fighting for the rights that each of our clients deserves. Contact the Mark Charles Law APC and speak with a wage and hour attorney in Pasadena.  We offer a free consultation and often represent employees on a contingency fee basis so that employees can secure top notch representation without upfront fees or costs.  Contact us today and find out more.

Are you looking for answers to complicated employment law questions about California’s employment laws?  Do you need help ensuring that company policies and practices are compliant with the latest local, state, and federal requirements?  If so, it’s time to reach out to an experienced employment attorney in Pomona.  An attorney who focuses on California’s employment laws can provide valuable advice on several employment issues involving workplace laws and regulations.  It can range from explaining the different types of employment laws (such as wrongful termination, sexual harassment, workplace rights or violation of Labor Code violations for unpaid wages, missed meal and rest periods, etc.), it can also include providing knowledge on how to best build an employment case.  There are a number of additional employment issues that often come up as such as negotiating severance agreements, representing employees in investigations, or reviewing employee handbooks.  In all instances, it is important to have a skilled employment lawyer who will be at your side every step of the way.

In this blog post we will discuss what kind of benefits an employment attorney in Pomona brings, how they can help protect your rights as an employee or employer, and why having one is essential for making sure that your employment rights are not violated.

Explore Legal Paths to Pursue a Wrongful Termination Case

Getting fired from a job is never easy but when you suspect that your dismissal was based on unlawful reasons, it can be devastating.  Although your employer may not tell you, there may be legal options available to you.  Employment lawyers help you explore legal rights and whether you have a case for wrongful termination.  Wrongful termination cases can be based on a number of reasons.  Wrongful termination cases can include unlawful discrimination by an employer (Fair Employment and Housing Act), violation of family or medical leave laws (including the California Family Rights Act, Government Code section 12945.2), unsafe work environment (Cal/OSHA and Labor Code section 1102.5), complaints for unpaid wages (Labor Code sections 216.(a) and 1199(b), discussing wages with coworkers, female employees asserting equal pay rights (Labor Code section 1197.5(a) and the list goes on.  Because the range of possible wrongful termination cases are numerous, it is important to speak with an employment lawyer and receive the right legal advice.  This can you help you preserve the best evidence to build a strong wrongful termination case and better understand your employment rights.  It’s important to act quickly and contact an experienced employment lawyer because some cases are time sensitive and there are requirements for filing administrative claims and lawsuits to preserve your legal rights.  Having an experienced employment lawyer partner with you will give you the best chance or receiving justice and receive reasonable compensation for the losses you have suffered.

File Administrative Charges with Government Agencies

Depending on the type of employment case, it may be necessary to file an administrative claim with the Department of Fair Employment and Housing or with the Equal Employment Opportunity Commission.  Filing administrative charges with government agencies can be overwhelming, but it is often a critical step to protect your employment rights.  These charges are generally based on claims for unlawful discrimination, harassment or retaliation.  As a result, it is important to consult an experienced employment attorney in Pomona to make sure that all rights are protected.  The filing of administrative claims with government agencies and primarily done online, so it is helpful to have an employment lawyer that can advise on how to file these claims.  The right lawyer will help you at every stage to help you fight for your rights.

Provide Legal Advice about Severance Agreements that have been Offered to You

Losing a job is always difficult, but it can be made more challenging if you’re not fully aware of your employment rights when it comes to severance agreements.  Severance agreements will offer you additional compensation in exchange for the waiver of all employment rights.  It is important to consult with an employment attorney when presented with a severance agreement to make the best decision on whether it makes sense to agree to the terms in the severance agreement.  There are times when the employment rights are worth much more than what is offered in the severance agreement and that can only be done after consulting with an employment attorney in Pomona.  That allows for an informed decision that prevents an employer from taking advantage of the situation gaining a full waiver that would prevent the pursuit of any employment claims.

Where to Find an Employment Attorney in Pomona

Do you need an employment attorney in Pomona? Mark Charles Law APC is here to help.  Our team of dedicated employment legal professionals can help you get the justice and compensation you deserve.  Contact us today to learn more about the ways we can help you.