Unpaid wages and overtime disputes come up more often than you might think, and there are several scenarios where this can happen. Unpaid wages frequently occur when an employee is terminated or leaves an employer. The employee is still legally entitled to all wages earned from that employer. Some employers try to avoid paying employees overtime by intentionally misclassifying their employee status. This is illegal, and your employer can be hit with penalties for doing this. If you believe that you are owed wages or overtime pay that your employer refuses to pay, you should talk to an employment attorney at the Sparrow Law Group right away. Call us today to get started with a free consultation.
Why Choose Us?
Clients choose Sparrow Law Group for several reasons. One of the main reasons is because we know what it takes to win. Our experience allows us to craft winning strategies tailored to each client. The attorneys at Sparrow Law Group have “big law” experience, so they know the tactics that the defense will try to use and how to counter those. Clients also come to us because they are treated like family. You will communicate directly with your wage and hour violations attorney, and we’ll get to know you personally. Contact us today to let us get started helping you.
The Basics Of Unpaid Wages
The Fair Labor Standards Act as well as the California Labor Code both address issues related to unpaid wages and overtime pay. The California Labor Code specifies timeframes within which an employee must be paid for regular work as well as in resignation or termination situations. If an employee is terminated, “the wages earned and unpaid at the time of discharge are due and payable immediately” [California Labor Code Section 201(a)]. When an employee resigns, unpaid wages are generally due within 72 hours after the employee quits. Code section 204(a) contains more specific details, but earned wages for regular employees are usually due within 7-10 days from the end of the pay period in which the labor was performed.
One big industry where these rules can come into play is the sales industry. Employers sometimes try to avoid paying commissions that have been earned, especially when an employee leaves the company or is terminated. Failure to pay the proper commissions is illegal, and that conduct can subject the employer to wage violations.
Requirements For Overtime Pay
There are a few exceptions based on employee classification, but many employees are entitled to overtime pay of 1.5 times their standard pay rate for any hours worked in excess of 40 hours in a single week. Employees should be mindful of all the time worked each week, especially time before or after their normal shift. Employers will sometimes attempt to have employees work “off-the-clock,” but this practice is against the law. Intentionally misclassifying employees to avoid paying overtime is also against the law. If you believe you are owed overtime pay or your employer is asking you to work off the clock, you should seek the advice of a California employment law attorney.
Schedule Your Free Consultation Today
If you believe you are entitled to wages or overtime that you are not being paid for, contact Sparrow Law Group today for a free consultation. Our attorneys have the experience you need on your side to make sure you get the compensation you are legally owed. We have the determination and resources to stand up against even the largest employers, so give us a call today to let us go to work for you.