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 Los Angeles 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 Los Angeles wage and hour violations attorney, and we’ll get to know you personally. Contact us today to let us get started helping you.
What is the Family and Medical Leave Act?
The Family and Medical Leave Act (FMLA) is a federal law that protects an employee’s job if they need to take time off in certain situations. FMLA is for employees who need leave time to care for themselves or family members due to a serious health condition. Employees can also take FMLA leave for the birth or adoption of a child. Family members of individuals actively serving in the military may also request leave for exigent circumstances.
For each of these situations, an employee can take up to 12 weeks of leave within a 1-year period. During this time, the employee is not paid, but their job is protected until they return. This ensures that individuals can focus on receiving or giving care without the stress of losing their job in the interim.
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.
Does My Employer Owe Me Money For Unpaid Wages?
Under state and federal law, employers are obligated to pay for all the wages you have earned, whether you are a current employee or have left the company. You can hold your employer accountable for their actions when you submit a claim to recover all outstanding payments. By doing so, you can recover the value of your unpaid wages.
When you seek compensation for unpaid wages, you may be able to recover more than the wages themselves. Per California law, individuals can be awarded interest on the amount of unpaid wages that they are owed, and interest accrues from the time the wages were supposed to be paid. Waiting time penalties can also be recovered when employers fail to pay on time, according to California Labor Code § 203. This allows an individual to receive penalties in the amount of their normal pay rate for up to 30 days. Additionally, in situations where an employee did not receive minimum wage for their work, they may also be able to recover liquidated damages, as outlined in California Labor Code §1194.2. Liquidated damages provide additional compensation that is in the same amount as the unpaid damages.
What Can You Do If Your Employer Doesn’t Pay You in California?
If your employer has not paid you the wages you are owed, you can file a wage claim. To do so, you will need to record all instances of unpaid wages and the value of those wages. Detail this information when filing your complaint and include all supporting documentation, which may include pay stubs, time sheets, and more. Once your claim is submitted, you will need to attend a settlement conference, along with your employer, to reach an agreement about the unpaid wages and resolve your claim. If an agreement cannot be reached, you will be required to attend a hearing to resolve the matter once and for all.
How long do I have to recover unpaid wages in California?
Recovering unpaid wages is essential to alleviating the burden of financial loss you have suffered. However, you must file your claim in a reasonable amount of time or else risk losing your right to pursue damages. There is a statute of limitations for these types of claims, and the amount of time you have depends on the type of wages that have been withheld:
- One year: For bounced checks and lack of access to payroll or personnel record copies
- Two years: For oral agreements stating that pay will be above minimum wage
- Three years: For wage and hour violations
- Four years: For wage violations that breach the terms of a written contract
It can be confusing to know which type of claim you may have, so it is important to talk with a lawyer to determine how much time you have to file your claim. These cases have the potential to be lengthy, so it is important to act swiftly to make sure you can resolve your claim before the time limit runs out.
Can My Employer Deny My Request for FMLA Leave?
When you want to request this type of leave, you will need to fill out and submit the appropriate FMLA forms to your employer. Employers will respond to the employee’s request and can either approve or deny FMLA leave. If an employer denies your request for leave, it will often be for very specific reasons.
Employers can deny FMLA requests if an employee does not provide enough notice. While the law allows for unexpected situations, employees are still supposed to provide notice as soon as reasonably possible without delay. When possible, a 30-day notice must be provided when requesting leave. Employers can also deny leave if employees do not meet the eligibility requirements mentioned above, or if the reason for the request does not meet one of the qualifying reasons for FMLA leave.
What Happens to My Job When I Take FMLA to Leave?
When you take FMLA leave, your job is protected so you can return to work at the end of your leave period. Individuals can use their leave time consecutively or intermittently as needed. During this time, employees are not paid but can continue to receive their benefits and health insurance. This is just one of the FMLA protections employees have while out of work. Other benefits and leave time are also protected and reinstated when an employee returns to their job. They may also elect to take paid leave and FMLA leave simultaneously in certain situations.
Upon returning to work, employees have the right to resume their existing job, or be given an equivalent job, which should be essentially the same in all respects as what they were doing before taking leave. An employee’s status is also protected in regard to benefits, salary increases, promotions, and more that are contingent on seniority.
What Should I Do If I Believe My Employer Has Violated My Rights Under the FMLA?
Employees have the right to FMLA leave provided they meet all the requirements to access this coverage. However, if an employer violates your FMLA rights, they can be held accountable under the law. Certain employer prohibitions under FMLA specify an employer may not interfere with or deny FMLA rights, retaliate or discriminate against an employee for using FMLA leave, alter wages and benefits, or fire an employee for exercising their rights.
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.