As an employee, you deserve proper compensation for the time and work you put into your job. You count on your income to pay bills and provide a life for yourself and your family. Some employers do not pay employees fairly and avoid paying overtime or paid vacation time or fail to provide you with your paychecks in a timely manner. This is particularly common in jobs such as retail work because employers may feel they can get away with wage violations. If you are dealing with a wage violation, you can file a claim against your employer for their failure. This may provide you with the income you deserve and allow you to claim back pay and other damages.
Ferraro Vega San Diego Employment Lawyers: Advocating for You
If you are suffering from wage violations, you deserve an attorney who is well-versed in employment litigation and will help you understand your legal options. At Ferraro Vega San Diego Employment Lawyers, we often protect employee rights in the face of wage theft and wage violations.
Most recently, we’ve seen cases involving wage violations in Carlsbad, CA retailers in Carlsbad Premium Outlets. Our firm has a number of investigations into these stores, investigating wage theft and unpaid overtime. If you have experienced wage violations at Carlsbad Premium Outlets, know that you can get the compensation that you rightfully earned. Many employees are worried they will lose their jobs if they speak up about wage theft. Our attorneys can help you know your rights and can protect you from illegal retaliation.
Understanding Wage Theft in California
California labor codes require that employees are paid accurate and fair wages. Wage theft occurs when your employer deliberately fails to pay you that wage. Your employer may withhold your weekly wages, salary earnings, bonuses, tips, commissions, and other benefits. These are all wage violations.
Nonexempt employees may experience wage theft when an employer:
- Fails to Pay You for Your Overtime Work
For employment compensation for an hourly wage, like retail jobs, overtime payment is required if you work a certain number of hours. Many employees believe this only applies if they work more than 40 hours a week, but this isn’t the only time you deserve overtime pay in California. If you work more than 8 hours in one workday, you should receive overtime pay for each hour over.
- Fails to Provide Waiting Penalties After a Late Final Paycheck
It’s common in retail jobs for there to be temporary or seasonal employees for busy seasons. For this reason, there is a high turnover. Your employer owes you any wages you have earned on your last day of work. Failure to do so is illegal.
If you are leaving your job and notify your employer at least 72 hours in advance, your employer is required to provide those wages on your last day.
- Fails to Provide Breaks
Your employer can’t discourage you from taking your rest and meal breaks. Doing so is illegal. You can, however, choose to waive your rest or meal breaks. If you work a four-hour shift, you are provided a paid 10-minute break and an additional 10-minute break for every additional four hours in your shift.
If you work more than five hours, you must be given an unpaid 30-minute meal break. When you work more than 10 hours, you are allotted a second unpaid meal break. The second meal break can be waived if the employee’s shift isn’t longer than 12 hours and they didn’t waive their first meal break. Depending on the length of your shift, you may be eligible for multiple rest and meal breaks.
Wage theft may also take the form of:
- Paying you at a rate less than state or local minimum wage, whichever is higher
- Failing to pay you entirely
- Failing to reimburse you for business expenses
- Paying you in bounced checks
- Withholding tips
- Failing to pay pandemic hazard pay that was promised
- Forcing you to record working for fewer hours than you did
- Misclassifying your job type to avoid paying you as much
- Failing to provide you sick leave that they owe you
- Unauthorized intentional pay deductions
Though these are the most common ways that wage theft is committed by employers, there are many other ways. Wage theft is much more common in low-paying jobs, including retail jobs like those at Carlsbad Premium Outlets. Employee rights need to be protected, but if wage violations go unreported, it’s much more difficult to hold employers accountable for their violations.
How A Wage Violation Attorney Can Help You
Wage theft often happens in lower-paying areas of employment because employers believe that their employees don’t have the ability to counter them in court. As an employee facing wage theft, it can be daunting to feel as though you’re risking your job by protecting your rights. At Ferraro Vega San Diego Employment Lawyers, we use our experience to advocate for you against the violations committed by your employer. We work on a contingency fee, so you only pay us if we secure your compensation. You pay nothing out-of-pocket to us unless we win. That way, you can feel confident about your financial circumstances. You have already lost much to wage theft and shouldn’t lose more.
Our attorneys will protect you from illegal retaliation. You are protected under the law, and if your employer harasses you, demotes you, or fires you, that is illegal. You can also file a claim for this behavior with the help of our experienced attorneys. We can help you with the following:
- Gather evidence of an employer’s illegal behavior
- Answer any concerns or questions you have
- Determine if other employees are facing the same wage theft
- File your claim accurately and effectively
- Negotiate a settlement with your employer if possible
- File a claim if a settlement in your interests can’t be reached
Evidence to Help You File
If you experience wage theft, you can file a wage claim with the Labor Commissioner’s Office. An attorney will help you determine what information is necessary for your situation. Wage claims often require copies of the following information:
- Personal time records of the hours and dates you worked
- Paychecks and pay stubs from the relevant time period
- Bounced paychecks if it applies to your situation
- Notice of employment information that shows your rate of pay and other information
Additional forms may be necessary if you do not file with an attorney and you:
- Worked irregular hours
- Are claiming unpaid commissions owed to you
- Are claiming business expenses not reimbursed
- Are claiming unpaid vacation time off
If you are working with a wage violation attorney, they will be able to help you prepare this information in a detailed and effective manner.
Questions to Determine If You Are Suffering Wage Violations
Not every victim of wage theft is aware it’s happening. If you have a good relationship with your employer, you may find it hard to believe that wage violations are taking place. Here are some questions to ask yourself about your job and job duties to determine if you should speak with an employment wage and hour attorney:
- Are there unexplained deductions in your paychecks or small discrepancies?
- Does your paycheck have extra pay when you work more than 8 hours a work day or 40 hours in a work week?
- Does your paycheck list you as an employee or an independent contractor?
- Were you promised paid vacations that have remained unpaid?
- Does your restaurant have a tip jar that you never get tips from?
- Are you paid less than the minimum wage, whether by paycheck or by cash?
- Does your employer have enough staff to cover you when you need to take a break?
- Does your employer ask you to come in early to work off the clock?
This may indicate that you should speak with a wage theft attorney. Most employers try to maximize a company’s profits, but doing so at the expense of their employee’s worker’s rights is illegal. If your employer is committing wage violations, speak with our firm.
Unpaid Wages at Carlsbad Outlets in Carlsbad, California
A lot of activity happens at mall outlets, and this can sometimes make it easy for employers to cover up violations of employee rights. Rarely will an employer only target one employee with wage theft or unpaid overtime. In our employment law experience, if there is one instance of wage theft, there is often much more that is unreported. If you’re employed at one of the following stores in Carlsbad Premium Outlets, consider discussing potential wage violations with an attorney.
| 7 for All Mankind Adidas Outlet Store Adore Boutique Aldo Ann Taylor Factory Store ASICS Banana Republic Factory Store Banter by Piercing Pagoda Blaze Pizza BOSS Outlet Brooks Brothers Factory Store Calvin Klein Carter’s Chico’s Outlet Claire’s Clarks Coach Men’s Coach Outlet Cole Haan Outlet Converse Crocs DEADSTOCK Dooney & Bourke Tommy Hilfiger Tory Burch Tumi Under Armour | ECCO Fanatics by Lids Ferragamo Fragrance Outlet Gap Factory Guess Factory Haagen-Dazs Havaianas Hurley Jersey Mike’s Subs Jockey Joe’s Jeans Karl Lagerfeld Paris Kate Spade New York Outlet Kay Jewelers Outlet Kevin Jewelers Outlet Kipling LACOSTE Le Creuset Levi’s® Outlet Store Lids Lucky Brand Jeans Management Office Marc Jacobs Maui and Sons Vans Outlet Vince Wetzel’s Pretzels Zadig & Voltaire | Michael Kors Outlet Mot’to Japanese Grill Movado Company Store New Balance Factory Store NIKE Factory Store Oakley OshKosh B’Gosh PacSun Panda Express Polo Ralph Lauren PUMA Outlet Rubio’s Fresh Mexican Grill Ruby’s Diner Samsonite Skechers Solstice Sunglass Outlet Starbucks Coffee Sunglass Hut Sunglass Plus Swarovski Tea Monks Tech Phone Accessories The Cosmetics Company Store Theory Zumiez Zwilling J.A. Henckels |
Ferraro Vega San Diego Employment Lawyers is investigating Carlsbad Premium Outlets for wage violations. If you are employed at one of these stores and believe your employee rights have been abused and your income is being impacted, there are steps you can take to protect yourself.
What To Do When Faced with Wage Violations
It can be stressful and upsetting when you discover that you aren’t being paid accurately or fairly. Here are the steps you should take:
- Talk with your employer. This may be difficult, but it’s an essential conversation to have. Your employer is able to correct the mistake or violation without you taking legal action. No matter what your employer does or says they will do, be sure to make a note of who you spoke with, when the conversation occurred, and what was said. It’s important to keep this information in your records.
- Find evidence that may relate to your wage violation. This includes pay stubs from the given time period, internal discussions like emails or texts, tax forms and W-2s, and your employment contracts and notice of employment information. Continue to document conversations about your employer’s actions.
- Act quickly. Though it may be tempting to let the situation lie, if you haven’t been offered a solution or resolution to the issue, you need to contact an attorney. An employment attorney will know the ideal legal options available to you. It’s essential to contact an attorney quickly because there is a statute of limitations on unpaid wage claims. If you don’t file your claim within a certain number of years, depending on what type of contract you have, you can’t claim your compensation.
- File your claim. An attorney can help you file accurately and quickly. Depending on the outcome of your claim, you may enter into a settlement agreement with your employer. If you don’t have an attorney for this process, it will be more difficult to secure a fair settlement. An employment attorney will also have the experience to determine if a settlement agreement isn’t going to achieve fair results for you. Then, you can discuss options for litigation.
Let Ferraro Vega San Diego Employment Lawyers Protect Your Rights
If you are employed at the Carlsbad Premium Outlets in Carlsbad, CA, you should consider talking with a wage violation and employment attorney. We hope to protect the rights of employees there and fight for the compensation you deserve. If you are worried that you have been the victim of unpaid overtime, wage theft, and other wage violations, contact the knowledgeable attorneys at Ferraro Vega San Diego Employment Lawyers today.