You work hard to make a living and support yourself and your family in California. When an employer does not pay you what you are owed, you have the right to report them to recover your financial losses. Our Orange County unpaid wages attorneys at Elite Employment Law can help you with your claim so you can receive your wages as quickly as possible.
What Constitutes Wage Theft in California
Wage theft occurs when employers intentionally do not pay employees the wages they are entitled to receive. Withholding earnings is illegal, and employers can be prosecuted under state law for these actions. Wage theft is not just limited to an employee’s take-home pay, but can also extend to other forms of compensation. Any form of compensation you are entitled to receive in exchange for your work could be wrongfully kept from you. Common examples of wage theft include:
- Not accruing or being paid vacation time, sick time, or bonuses
- No reimbursement for business-related expenses
- Taking tips
- Receiving less than minimum wage
- Unnecessary deductions
- Unpaid overtime or wages
- Withholding final wages
- Withholding access to your payroll and personnel records
- Bounced checks
If you notice that you have not been paid for your work, keep thorough records of all instances of non-payment so you have evidence to demonstrate your employer’s actions and the losses you sustained. Additionally, be sure to keep track of the value of your lost wages to submit when you file a claim.
Penalties for Wage Theft in California
Employers can be penalized for withholding wages, benefits, and other forms of compensation from you. According to California Penal Code § 487m, if an employer intentionally steals wages in excess of $950 from an employee or in excess of $2,350 from two or more employees in a 12-month period, it is considered grand theft. Employees can file a civil lawsuit to recover their lost wages and other monetary remedies provided by the state of California. Employers can face fines and imprisonment for their actions.
Filing a Wage Claim to Recover Stolen Wages
When you have been the victim of wage theft in California, you should file a wage claim right away. You will need to fill out a complaint form and submit evidence of the wage theft. Documentation you may use includes time sheets, pay stubs, and any other relevant records. The Labor Commissioner’s Office will then review and investigate your claim and schedule a settlement conference to resolve the matter. If this is unsuccessful, both parties must attend a wage claim hearing to resolve the matter.
The statute of limitations for wage claims is 3 years, and 1 year for bounced checks and withholding pay, and personnel records. As such, it is important to act in a timely manner. Keep in mind that the recovery process can take time, so acting quickly will help you secure a better outcome.
Employers Can Be Held Accountable for Wage Theft in California
It is important to hold employers accountable when they steal your wages. Their actions can have serious repercussions on your life and cause financial hardship. When you are ready to file a wage claim, Elite Employment Law can help you with your complaint and advocate for you throughout the legal process.