Getting paid fairly for the work you do is not just a right—it’s the law. Unfortunately, some employers fail to pay their employees properly, whether by denying overtime pay, withholding wages, or engaging in illegal payroll practices. If your employer has shorted your paycheck, you have legal options to recover what you are owed. Contact PLBH at (800) 435-7542 for a free legal consultation to discuss your case and take action.
Common Wage and Overtime Violations
Employers are required to follow both federal and California wage laws, but some still attempt to cut corners. Common violations include:
- Failure to pay overtime – Not paying time-and-a-half for hours worked beyond 8 hours a day or 40 hours a week.
- Misclassifying employees – Wrongfully labeling employees as independent contractors or exempt workers to avoid paying overtime.
- Requiring off-the-clock work – Expecting employees to work before or after their scheduled shifts without compensation.
- Withholding final paychecks – Failing to pay an employee their last paycheck after termination or resignation.
- Illegal deductions – Deducting wages for breaks, uniforms, or other expenses not allowed by law.
If any of these apply to you, it’s important to take steps to recover your unpaid wages.
Steps to Take Before Filing a Claim
1. Review Your Pay Stubs and Work Records
- Keep track of your hours worked, including overtime.
- Compare your paychecks with the hours recorded.
- Save any communication (emails, texts, or messages) regarding wages, schedules, or overtime.
2. Speak with Your Employer
- In some cases, a simple conversation with HR or your manager may resolve the issue.
- If your employer refuses to correct the mistake, move forward with a formal complaint.
3. Document Any Wage Discrepancies
- Maintain detailed records of missing or incorrect payments.
- If your employer altered your time records or failed to track hours properly, note any discrepancies.
Filing a Wage Claim Against Your Employer
If your employer refuses to pay you what you’re owed, you can file a claim through a state or federal agency.
Filing a Claim with the California Labor Commissioner
California employees can file a wage claim with the Division of Labor Standards Enforcement (DLSE) to recover unpaid wages. The process includes:
- Submitting a claim – File online or through a local labor commissioner’s office.
- Investigation and hearing – The agency will review records and may schedule a hearing to resolve the dispute.
- Receiving compensation – If the ruling is in your favor, your employer will be ordered to pay back wages, penalties, and interest.
Filing a Claim with the U.S. Department of Labor
If your case involves federal wage violations, you can file a complaint with the Wage and Hour Division (WHD) of the U.S. Department of Labor. This applies if your employer violated the Fair Labor Standards Act (FLSA) by failing to pay minimum wage or overtime.
Filing a Lawsuit for Unpaid Wages
In some cases, filing a lawsuit against your employer may be necessary. A wage and hour attorney can help you:
- Determine how much you are owed based on your work records.
- File a claim for back pay, penalties, and legal fees.
- Negotiate a settlement or take your case to court if needed.
Protect Your Rights and Recover What You’re Owed
No employee should have to fight for wages they’ve rightfully earned. If your employer has failed to pay you for regular or overtime work, you have the right to take legal action. Contact PLBH at (800) 435-7542 for a free consultation and let an experienced employment attorney help you recover your unpaid wages.