Unpaid Wages at Las Americas Premium Outlets in San Ysidro, San Diego County

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When you seek employment, you are looking for a source of income to help provide for you and your family. Unfortunately, there are certain places of employment that take advantage of their employees. You are entitled to fair employment and compensation for the services you provide to your employer. Whether you are denied overtime payments, you were not paid on time for your wages, or your wages were not accurately provided, you have the right to file a claim against your employer. Doing this can allow you to recover what you may be entitled to.

At Ferraro Vega San Diego Employment Lawyers, we see such cases all the time. A recent and particularly troubling case involves stores and big-box retailers at the Las Americas Premium Outlets in San Ysidro. Our team has opened investigations into many of their stores. In our experience, we have found that if it is happening to one employee, it is likely happening to many more. For some, they may never file a claim because they fear losing their job or retaliation. However, our team can help you understand the laws surrounding wage theft. Our firm can empower you to fight for the compensation that has been denied to you. You can hold your employer accountable by filing a wage claim against them.

California Wage Theft

Whether you work for a store as a salaried or hourly employee, you are protected by state labor codes. Employers are required by law to pay their employees appropriate, accurate, and fair compensation for their services. This includes any wages, overtime, bonuses, or commissions that you may qualify for. When you accept a job, you and your employer form a contract. This contract states that you will provide a service and that they will provide compensation. When they fail to do their part, they have breached their contract with you and committed wage theft. Examples of ways employers commit wage theft include:

• Denying you a bonus to which you are entitled
• Withholding any tips that you may have earned
• Failing to provide you with earned commissions or bonuses
• Misclassifying your employment as an independent contractor
• Purposefully withholding money from your paycheck without legal cause to do so
• Falsifying timecard or paycheck information
• Not providing compensation at the minimum wage rate as set by state or local ordinances, whichever is higher

These are the most common forms. However, additional ways in which your employer may commit wage theft include:

• Failure to pay owed wages at the time of termination. Many retail jobs have high turnover, as there may be seasonal or temporary employees. However, no matter the circumstances under which your employment ends, your employer is required to pay you any wages owed on the final day of your employment. This includes situations where you resign and provide a minimum of 72 hours’ notice. If, however, you resign and do not provide 72 hours’ notice, your employer must pay you within 72 hours of your final day.
• Overtime or off-the-clock wages. Many retail jobs are compensated at an hourly rate. Many hourly employees feel they do not qualify for overtime pay. However, that is not true in California. Many employers assume that they only need to pay an employee overtime if that employee works beyond 40 hours a week. Employees who work more than 8 hours per day also qualify for overtime pay. If you are required to work a double shift due to a call out, you are entitled to overtime pay for any time spent working more than 8 hours. In addition, you may come in before your shift and help out in the back before clocking in. Your employer may call and ask you to pick up something needed at work before your shift begins. You must be compensated for these off-the-clock times.
• Regularly scheduled breaks. Employees in California, particularly those who work hourly positions, must receive breaks according to the law. If an employee works more than five hours a day, they must receive a 30-minute unpaid meal break. If you work more than 12 hours in a day, you are required to receive a second 30-minute unpaid meal break. In addition, for every four hours you work, you are allotted a 10-minute paid rest break. If your employer asks you to work through these, they are in violation of the law. However, if you volunteer to work through them, your employer cannot be held responsible.

Many of these wage and overtime violations occur at the Las Americas Premium Outlets. However, they go unreported. No matter what type of employee you are, you have rights. Your employer should be held accountable when those rights are violated. These wage theft protections are in place to protect California’s workers, without whom the state’s economy cannot thrive. When employers take advantage of the rights of workers, they are violating the laws that protect the workforce.

Determining If You Are Owed Wages

The victims of wage theft may not even realize that their money is being stolen. Something may feel off at work. However, you may have a good relationship with your employer. It could be hard to believe that they are taking advantage of your employment. To help you understand if you should speak with an employment attorney, consider how you would answer the following questions:

• Are you receiving additional pay when you work more than 40 hours per week or more than 8 hours per day? Or does your employer continue to pay the same rate?
• Are you finding yourself starting your shift, working more than 4 or 5 hours, and not stopping?
• When you view your paystub, are you classified as an employee, or does it refer to you as an independent contractor?
• Do you work in a restaurant where a tip jar may be present, but you find you are never allowed to take any of it home?
• Do you find discrepancies in your paycheck? Is there any indication that money is being purposely withheld for an unexplained reason?
• Are you being paid less than the minimum wage? Are you receiving cash under the table at a rate less than the minimum wage?

These questions, and others like them, are common among the employees that seek our help for their wage theft claims. When employers assume you are unfamiliar with the law, they also assume that you will not ask questions. At all times, many employers attempt to maximize profits by minimizing expenses. Regrettably, this frequently includes their employees’ rightful wages.

Wage and Overtime Theft at Las Americas Premium Outlets

Malls and outlets have many moving parts, which makes hiding wrongful activities easy for employers. If you hear of one person experiencing wage theft, there are likely others. If you work at any of these stores, you should consider contacting an employment attorney.

If you work for one of these stores and feel you have been impacted by wage theft, you have options.

1. Begin by talking to your employer about your concerns. It may be an uncomfortable conversation, but it gives them an opportunity to correct the situation without any legal involvement. Make a note of the date, time, and person with whom you spoke, as well as a summary of the conversation. If the conversation is by email, retain the exchange for your records.
2. Collect any evidence that you may have regarding your concerns. This includes pay stubs, communication exchanges such as emails or text messages, W-2 statements, and any employment contracts you have signed. Continue documenting any follow-up conversations that occur regarding your concerns.
3. Act in a timely manner. If a resolution has not occurred yet, this stage is when you should involve legal assistance. Unpaid wages have a statute of limitations that expires within 2 to 4 years, depending on the circumstances. After that time has passed, you will be unable to reclaim any owed wages. An attorney can review the circumstances and any evidence you already have to help move towards a resolution.
4. Proceed with filing a claim. Wage disputes are filed through the California Division of Labor Standards Enforcement. They will review the evidence provided with your complaint to begin an investigation. If your employer is found to be in violation of the law, they must correct the situation. Your attorney can also help you understand the legal options that can be pursued through the court system.

Benefits of Working With an Attorney

At first, working with an attorney may appear to be a daunting process. You may have concerns about costs and time. However, that is exactly what your employer may have taken from you. That makes working with an attorney an easy decision. With our help, you will receive assistance with:

• Filing claims. You may feel there are do-it-yourself methods that will help save time and money. However, there are many facets to the process, which make it very easy for something to go wrong. You may incorrectly fill out a form or submit a claim incorrectly. An attorney can ensure that your paperwork is correct and effective.
• Receive protection from retaliation. You may fear retaliation from your employer after contacting them about a wage theft issue. However, the law protects you from retaliation from your employer. They may not use the situation as a justification for treating you differently in the workplace. For example, you have back-to-back proficient employee reviews prior to a complaint. You then receive a write-up for a small occurrence immediately after the complaint. Unless proven to be justified, the law could see the complaint as the main factor.
• Navigate the legal system. The legal system can be complex and difficult to manage. Think of your attorney as your GPS, someone who can help you from start to finish. They can help ensure your claim is submitted correctly. They can also help with responding to inquiries and collecting appropriate documentation.

San Diego Employment Law Attorneys

If you work for a store at the Las Americas Premium Outlets in San Ysidro, you may need to speak with an employment attorney. With active investigations open into stores operating there, we seek to help protect the employees who work for these retailers. You may have concerns about your wages, overtime, or breaks if you work for a business there. If so, you should speak with our attorneys at Ferraro Vega San Diego Employment Lawyers. Contact our offices today. We can help ensure that you receive the compensation you deserve.