Unpaid Wages at Work
Unpaid wages are not only unfair, but they are illegal under California and federal law. This violation occurs when an employer fails to pay employees for their earned compensation, including regular wages, overtime, or missed breaks. Employees have the right to recover what they are owed, and understanding your legal protections is the first step to securing justice.
What is Unpaid Wages at Work
Unpaid wages refer to any compensation an employer owes but has not paid. This encompasses a range of earnings that employees are legally entitled to, including:
Regular wages for hours worked
Overtime pay for additional hours
Minimum wage shortfalls
Compensation for missed meal or rest breaks
Unreimbursed business expenses
Accrued but unused vacation time
Final paychecks upon termination
These violations can significantly impact an employee’s financial stability, but both California and federal laws provide robust protections to ensure fair compensation.
Examples of Unpaid Wages at Work
Employers may violate wage laws in various ways, each damaging in its own right. Common examples include:
Overtime Denials: Failing to pay time-and-a-half for hours worked beyond standard limits.
Minimum Wage Shortfalls: Paying less than the legally required hourly rate.
Missed Breaks: Denying paid rest breaks or unpaid meal breaks.
Unreimbursed Expenses: Requiring employees to cover work-related costs without compensation.
Vacation Pay: Not paying out accrued vacation time upon termination.
Final Paycheck Delays: Failing to provide timely payment after employment ends.
Laws Protecting Your Rights at Work
Federal Protections
Fair Labor Standards Act (FLSA): Applies to most employers and sets a federal minimum wage of $7.25 per hour. It also requires overtime pay at 1.5 times the regular rate for hours worked over 40 in a week.
California Protections
California Labor Code and Wage Orders: Apply to most employees in California and set a higher minimum wage of $15.50 per hour (as of 2023). Overtime pay is required for:
Hours over 8 in a day (1.5x)
Hours over 40 in a week (1.5x)
Hours over 12 in a day (2x)
Hours on the seventh consecutive day (1.5x for the first 8 hours, 2x thereafter)
Additionally, California mandates paid rest breaks, unpaid meal breaks, and timely final paychecks.
California’s wage laws are among the strongest in the nation, providing employees with powerful tools to recover unpaid wages.
How to Protect Yourself if You Experience Unpaid Wages at Work
If you suspect a wage violation, taking prompt action is essential. Follow these steps:
Document All Incidents: Track your hours, breaks, and expenses. Save pay stubs, emails, or other records that show discrepancies. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
Report to Your Employer: Submit a written complaint through your company’s HR or payroll department.
File a Formal Complaint: Contact the California Labor Commissioner within 3 years for state claims or the U.S. Department of Labor for federal claims (deadlines vary). An attorney can help you with filing these claims.
Consult an Attorney: An experienced attorney can guide you through the process and help build a strong case.
Time is critical—missing deadlines can weaken your claim.
Act Now to Secure Your Rights
Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.
This is not legal advice and does not create an attorney-client relationship.