The Fair Labor Standards Act, or FLSA, which is enforced by the Department of Labor’s Wage and Hour Division, says that employers must pay employees what they’re owed – and if your employer hasn’t paid you, you could have an unpaid wages claim under California employment law.
Unpaid wages are employee earnings that an employer has not paid. When your employer doesn’t pay you what it owes you, it’s a form of wage theft. Wage theft is against the law.
For most people, it makes sense to talk to an unpaid wages lawyer about cases like these. An attorney can give you legal advice that helps you get back the money your employer owes you, even if you no longer work for that employer.
You can file an unpaid wage claim if your employer:
There may be other cases in which you’re entitled to file an unpaid wages claim. If you’re not sure about your own situation, it’s a good idea to get in touch with a Los Angeles labor lawyer to get some clarification.
Related: How does overtime work in California?
You do not need a Social Security number or photo ID to file an unpaid wage claim. You can file a claim regardless of your immigration status, no matter what an employer or other employees have told you.
When an employer does not pay you what it owes you, that is a form of wage theft – and it’s against the law. Companies can get into a lot of trouble for failing to pay unpaid wages.
You must file a claim for unpaid wages within three years. Things become a little tricky with deadlines; if you’re filing a claim related to an oral promise to pay more than minimum wage – such as when your boss verbally tells you that he or she will pay you $20 per hour rather than $15 per hour – you only have two years to file an unpaid wage claim. If you have a written contract, you only have four years to file a claim.
Your attorney will need you to provide proof to back up your claim. Gather everything you have, such as:
Your attorney can help you make copies of these documents – you will need to hang on to your original copies, because you may not get back the documents that accompany your claim.
A settlement is an agreement between you and your employer that says you agree to accept a certain amount of money. Sometimes employers offer less than they really owe, hoping that employees will accept it to avoid a hearing.
You do not have to accept a settlement offer. Your attorney can give you guidance about whether accepting a settlement is a good idea – there’s no one-size-fits-all answer for everyone.
If you believe your employer has violated your rights or gone against California employment law, you could be entitled to financial compensation.
Call an experienced Glendale employment lawyer right now for a free unpaid wage consultation on your case. We’re available at 818-617-9713 or 800-774-4163, and the sooner you get in touch with us, the sooner we can start to help you get the compensation you deserve.
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