If you have reason to believe that your employer has violated California’s wage and hour statutes, you could be able to recover any unpaid wages by bringing forth a wage and hour lawsuit against the employer.
The following are some of the most commonly asked questions regarding filing a lawsuit for an unpaid salary for California workers.
How do I know if my employer owes me any unpaid pages?
Under California’s Labor Code, it is stated that workers must at least be paid the state minimum wage. Beginning January 1, 2018, the minimum wage in California was $11 per hour for employers with 26 or more employees and $10.50 per hour for employers with 25 or fewer employees. Commencing on January 1, 2019, the minimum wage increased to $12 per hour for employers with 26 or more employees and $11 per hour for employees with 25 or fewer employees. The minimum wage shall be adjusted on a yearly basis through 2023 according to the pre-set schedule:
- Starting January 1, 2022, the California state minimum wage will be $14 per hour for employers with 25 or less employees and $15 per hour for employers with 26 or more employees;
- Starting January 1, 2023, the California state minimum wage will be $15 per hour for all employers (regardless of the number of employees).
Additionally, employers are obligated to pay for any overtime work performed over a specific number of hours for employees that are non-exempt. An employer who has not paid employees for work that was performed, the employer will owe the employee this money.
What workers do wage and hour statutes protect?
Workers in California are usually classified as being non-exempt or exempt. Non-exempt employees involve those who are employed in a professional, mechanical, clerical, technical, or other similar occupation. This is whether the person is paid based on time, commission, piece rate, or other.
Exempt workers are not subject to California’s wage and hour statutes, which includes overtime and breaks. Some examples of exempt workers could include:
- Independent workers/contractors,
- Clerical workers,
- Outside salespersons earning a commission,
- Doctors,
- Lawyers,
- Pharmacists,
- Teachers,
- Computer systems analysts, computer programmers, software engineers and other similarly skilled workers,
- Managers who primarily perform management duties (e.g., supervising and directing the work of other employees, ordering merchandise, managing the budget and authorizing payment of bills)
Can I file a lawsuit for my unpaid salaries in the State of California?
If you have reason to believe that your employer has breached the wage and hour statutes of the state, you could have the opportunity to recuperate the unpaid earnings by filing a lawsuit against the employer or by filing a wage claim.
Claims made against an employer for law violations could include:
- Not paying for overtime work
- Requiring or permitting a worker to work while not being on the clock
- Failing to provide sufficient rest breaks
- Failing to provide the necessary lunch breaks
- Misclassifying a worker as an independent contractor
- Misclassifying a worker as an exempt employee
- Failing to provide the employee with the state mandated minimum wage
- Failing to pay local laws on minimum wage
- Paying a worker late
- Failure to reimburse business expenses
- Unlawful deduction of wages
- Failing to pay sick leave at an employee’s regular rate of pay, either for the workweek in which the paid sick leave was taken, or as determined by averaging over a 90-day period
- Inaccurate wage statements
Should I hire an attorney for an unpaid salary lawsuit?
When it comes to unpaid wages lawsuits in California, it is important to know that no two cases are the same. Many workers fail to file a lawsuit over the fear of retaliation from their employers. With the help and support of a qualified attorney, however, you can rest assure that your rights will be vigorously protected. It is against the law for employers to fire or retaliate against a worker for filing an unpaid wages lawsuit. If you need assistance in filing a strong case against your employer, seek the legal guidance of a qualified attorney.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are skilled in the area of employment law involving unpaid wages. They are dedicated to representing workers who have had their rights violated by an employer.
