California is known as an employee-friendly state, with many employee rights, including compensation. We have very specific laws on how much employees are to be paid and when they are to be paid, but many employers do not comply with these laws.
Wage Claims In California
California has numerous employment laws about the amount and payment of wages. The following is a non-exhaustive list of the different types of wage claims that an employee may be able to assert against his or her current or former employer:
- Failure to pay minimum wage
- Failure to pay overtime wage
- Failure to pay wages for all hours worked
- Failure to give employees requisite rest and meal breaks
- Failure to give employee an itemized wage statement on pay day
- Failure to pay employee earned commissions
- Failure to reimburse employee for all expenses incurred during employment (such as mileage)
- Failure to provide final paycheck on time
- Failure to pay vacation wages at termination
- Failure to pay all wages earned at termination
Penalties For Noncompliance
There are numerous penalties imposed on employers for failing to pay minimum wage, failing to pay all overtime hours worked and failing to pay wages when due, such as waiting time penalties of up to 30 days, and interest.
Enforcing Your Rights
Employees have the option to seek damages for their unpaid wage and hour claims through the Labor Commissioner or through the court system. The Labor Commissioner has the authority to handle all wage and hour claims and many employees file their claims through the Labor Commissioner’s office because it is relatively quick and simplified process that employees can handle on their own. Although you can have an attorney in a Labor Commissioner claim, you do not have to have one. If you have a relatively small claim, you can file with the Labor Commissioner (also known as the Labor Board) directly. The San Diego Labor Commissioner is located at 7575 Metropolitan Drive, Room 210, San Diego, California 92108. Their phone number is 619-220-5451.
If you have a large wage and hour claim, the experienced attorneys at Branfman Mayfield Bustarde Reichenthal, LLP are ready to litigate your claim in civil court or pursue to through the Labor Commissioner’s office.
For More Information Reach Out To Our Law Firm Today
If you are an employee and have not been paid a substantial amount of your wages or were not paid all of your wages when your employment ended, the attorneys at Branfman Mayfield Bustarde Reichenthal, LLP can help you. Contact us online or call 858.793.8090 today for a initial phone conversation with one of our experienced lawyers to advise you of your rights and obligations to recovery your unpaid wages.