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- Category: Unpaid Wages
According to California’s Department of Industrial Relations, employers are required to pay employees at least twice a month. When violations of this time limit occur, workers can file claims to force employers to pay up. Those companies could also be assessed penalties, and in some cases, those penalties can be awarded to the employee.
California Workers Who Aren’t Paid Can Receive Their Backpay and More
Most California workers don’t go into work each day for the sheer enjoyment of what they do. They need their paychecks, and the sooner the better. Employees use their hard-earned wages and overtime to support their families, stay up-to-date on mortgages and car payments, and purchase life necessities. Even missing one paycheck can cause financial turmoil.
Employers can make employees needlessly wait for pay. Accountants for companies may make payroll errors. Business owners might even pass their own financial problems on to their workers. The common theme in every circumstance is that these problems shouldn’t be the worker’s problem to stress over.
Fortunately, California Labor Codes protect all workers when they end up without paychecks. The code requires employers to pay employees every two weeks.
“(a) All wages, other than those mentioned in Section 201, 201.3, 202, 204.1, or 204.2, earned by any person in any employment are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays…”
There is some additional clarification and guidance in the Labor Code:
- Payment for Work Done in the First Half of the Month: Work performed between the 1st and 15th days, inclusive, of any calendar month must be paid for between the 16th and the 26th day of that same month. This is explained by California’s Department of Industrial Relations.
- Payment for Work Done in the Second Half of the Month: Work performed between the 16th and the last day of any calendar month must be paid for between the 1st and 10th day of the following month.
- Deadlines for Overtime Pay: All wages earned for labor in excess of the normal work period shall be paid no later than the payday for the next regular payroll period.
- Salaried Employees: In some cases, executives, administrative workers, and professional employees who earn salaries may be paid once a month. These employees can still file claims when they are missing pay and paychecks.
- Workers Under a Collective Bargaining Agreement: Employees covered by a collective bargaining agreement may find that different rules apply regarding when they must be paid. They can still file claims when an employer refuses to pay them for their work.
What Can I Do If My California Employer Refuses to Pay Me?
Employees can generally take two routes to forcing employers to pay them. They can file a wage claim with the California Labor Commissioner’s Office.
For cases that involve many wage violations and other employment violations with many workers, victims may want to file a Labor Law Violation claim with the Labor Commissioner’s Office. It can be filed online or by mail.
A skilled California Employment lawyer can help victims collect evidence of what’s been done to them. A lawyer can also make sure California labor departments treat them fairly and don’t cover up what’s happened. In some cases, a lawsuit may need to be filed against employers who refuse to do the right thing. A lawyer can help out with these types of cases that quickly become very complex.
Earning Additional Money from the Penalties Your Employer Must Pay
California Labor Codes are written to enforce strong penalties against companies that withhold pay from employees. Some of these penalties can be added to the back pay that employees recover by filing a claim.
AB 617 passed into law in 2019. It determined the potential punishments for businesses that willfully fail to pay employees:
(1) For any initial violation, one hundred dollars ($100) for each failure to pay each employee.
(2) For each subsequent violation, or any willful or intentional violation, two hundred dollars ($200) for each failure to pay each employee, plus 25 percent of the amount unlawfully withheld.
- These penalties also apply to other types of missing pay, such as overtime and vacation pay.
Employers may face two types of additional financial punishment. A statutory penalty is paid to the employee. A civil penalty is paid to the state.
Do I Need a Lawyer if My Employer Refuses to Pay Me?
When your California employer is late in paying you and you are owed a considerable amount of money, it’s a good idea to speak to a skilled California Unpaid Wages Lawyer about your options.
If your case involves just one or two paychecks and your employer appears to be trying to sort out the issue, you may not benefit from having a lawyer.
If your employer gets corporate lawyers involved, it’s a good sign you need to consider hiring a lawyer of your own.
If other employees at your place of business are having the same paycheck issue, you may all want to speak to a lawyer.
A lawyer can also stand up for your rights if you receive threats to your employment after speaking out about wage violations. This type of intimidation is illegal, and employers can face further harsh penalties for engaging in this unfair behavior.
Contact a California Unpaid Wages Lawyer Today
If your employer has made you wait for the money you’ve rightfully earned, you should be paid promptly, and your legal rights should be protected.
At Ferraro Vega Employment Lawyers, we’re here to help you make sure you get reimbursed for what you’ve lost and perhaps even more. We take up the fight until you receive what you are owed. We help victims of wage loss in San Diego, Los Angeles, Fresno, San Francisco, and across all of California.
Don’t wait–contact us today for a free consultation.