When you work for an employer, it is reasonable for you to expect fair compensation in return. As per the employment laws in California, it is also a legal requirement. However, many employees may still find themselves grappling with issues related to unpaid wages. That may happen because either the employer does not understand wage laws or is being deliberately devious in payment matters. If you are in a situation where you are not being paid adequate wages for your work, you may need to consult an unpaid wages attorney to resolve it.

Three things most people don’t know about unpaid wages

The reason for many wage-related problems is that employees and employers do not have adequate knowledge about the wage requirements in California. Here are three things that most people do not know and need to know:

1. Your exempt or non-exempt status determines your wages

Exempt and non-exempt employees in California have different wage requirements as per the state employment laws. If you are a full-time employee and receive a monthly salary that is double the minimum wage for working the same hours in a month, you come within the definition of an exempt employee. You can consider yourself a non-exempt employee if you work on an hourly wage basis and your work hours are eight hours every day or 40 hours per week. By law, you must be paid for every single hour that you work. If you are not, it becomes an unpaid wages situation.

2. Non-exempt employees must receive a minimum hourly wage

As per the employment laws in California, employers with up to 25 non-exempt employees have to pay the employees minimum hourly of $13, and employers with 26 and more non-exempt employees must pay them a minimum hourly wage of $14. If you are a non-exempt worker, that can give you an idea of the hourly rate you are legally entitled to receive. Your employer can be subject to hefty fines if they ignore the minimum hourly rate law.

3. Employers must pay an hourly rate for overtime and double-time work

By law, your employer needs to pay you for every hour of work you do for them, and that includes paying you for overtime and double-time work. The overtime pay you receive has to be one and a half times your regular hourly fee. The double-time wage has to be double that of your usual minimum wage.

So, if you work for your regular eight hours a day and then do four hours of overtime work and your minimum hourly wage is $14, you must receive $14 x 8 = $112 for the eight hours and $14 x 1.5 x 4 = $84 in overtime pay. If you work four hours more after the 12 hours, it comes under double-time work, and you should receive $14 x 2 x 4 = $112 in double-time wages. To reiterate, you will receive $112 for eight hours of regular work, $84 for four hours of overtime work, and $112 for four hours of double-time work.

What to do if you have an unpaid wages claim?

If you have an unpaid wages claim, the first thing you need to do is assemble a record of the wages you received. It should show how many works you have worked in a given period, at what time you came to work, how many rests breaks you took and for how long, and when you left the workplace. You will need to have these details and any related documentation to take things further.

After assembling the wage records, you can discuss the issue with your employer and attempt to resolve the matter amicably. Some employers may have been genuinely ignorant of the law and will rectify the oversight on their part once they understand it. However, some employers may remain recalcitrant, and then you may need to consult an unpaid wages attorney. The attorney will assist you with filing a claim with the Labor Commissioner’s office, which is something you must do within three years of realizing that your employer owes you unpaid wages. The unpaid wages attorney will also represent you in court and attempt to get justice.