It is every employee’s expectation that once they have shown up and done the work they have been hired to do, they will get paid at the end of each pay period. This routinely happens but there are also times when that is not the case. At Minnis & Smallets, our attorneys help employees and workers to recover unpaid wages and other earned income.
Being paid for the work done is not just an expectation – it is a right under California law, which provides that every employee has a right to be paid the wages they have earned.
Unfortunately, there are times when a dispute comes up between an employer and employee regarding whether the employee has been paid all the money they are owed for the hours they worked. If the answer is no, at least according to the employee, then that employee has rights under the law to take action and get their unpaid wages. Always do so with the help of our experienced San Jose wage and hour lawyers.
The payment of wages by employers in California is regulated by the state under a law that defines “wages” as money or another thing of value that is received by a worker or employee as compensation for work done for the employer. Any employer who fails to pay wages to any employee who has earned them could be ordered to pay all unpaid wages, as well as potential penalties in some situations.
Examples of common wage and hour disputes and discrepancies that arise include:
Eight hours of work constitutes a day’s work under California law, and employment beyond eight hours in any workday or more than 40 hours in any workweek requires the employee to be paid overtime compensation. Overtime rates include:
However, certain employees are exempted from overtime pay and some of the required payments noted above. These are referred to as exempt employees, and employers need to make sure that they do not misclassify employees and deny them their rightful overtime pay.
If you believe your employer has unlawfully withheld paying the wages you have earned, the law firm of Minnis & Smallest can help. Please contact us today to discuss your situation.