California's #1 Team Of Unpaid Wages Attorneys
- FREE CONSULTATION
- NO FEE GUARANTEE
- TRACK RECORD OF SUCCESS
YOU PAY NOTHING UNLESS WE WIN
100% Free Consultation
Want to see if you have a case? Call and speak with an attorney today for no charge to learn more about your rights and see how we can help.
MAG No Fee Guarantee
Think hiring an attorney is too expensive? At MAG, we only win when you win. You don’t pay unless we win.
Focus On Personal Injury Cases
Our team of attorneys have dedicated years of practice to handling personal injury cases, giving us familiarity and experience with a wide variety of personal injury matters
98% Success Rate
Need a winner on your side? MAG has a proven track record of success getting you the money you deserve from the insurance companies.
Can’t come to our office or practicing social distancing? Not a problem, as a modern firm our attorneys are available for virtual consultations.
Free 2nd Opinion
Need a 2nd opinion on your case? We are happy to provide a free 2nd opinion on your case, even if you don’t hire us. Our goal is to make sure you’re getting the right help when you need it the most.
RESULTS YOU CAN TRUST
Contact Us For A Free Case Evaluation
We Will Protect Your Rights, We Will Win.
Unpaid Wages Under California Law
Unpaid wages are considered unlawful when they violate the Fair Labor Standards Act (FLSA) and state wage and hour laws. The FLSA sets minimum wage and overtime requirements for most employees and requires employers to pay their employees for all hours worked. State wage and hour laws may provide additional protections and requirements, such as minimum wage rates, meal and rest break requirements, and recordkeeping requirements.
If an employer fails to pay an employee the required minimum wage or overtime, fails to pay for all hours worked, or violates any other wage and hour requirements, the employer may be liable for damages, including back pay, interest, and other monetary damages.
In addition to individual claims, employees may also be able to bring a class action lawsuit on behalf of a group of employees who were similarly affected by the employer’s failure to pay the required wages. An experienced employment law attorney can help employees understand their rights and options and can assist in pursuing a claim for unpaid wages.
What Is Considered An “Unpaid Wage” In California?
In California, an “unpaid wage” is any compensation that an employer has failed to pay an employee as required by law. This includes, but is not limited to, the following:
- Regular hourly wages for all hours worked
- Overtimes pay for hours worked over 8 hours in a day or 40 hours in a week
- Payment for missed meal and rest breaks
- Final wages (including unused vacation pay) upon termination of employment
- Reporting time pay
- Wages for commissioned employees
- Reimbursed business expenses owed to the employee
If an employee believes that they have not been paid the full amount of wages they are owed, they may file a claim with the California Labor Commissioner’s Office or take legal action against their employer.
Why Would You File A Claim For Unpaid Wages?
Someone might sue for unpaid wages if their employer has failed to pay them the full amount of compensation that they are legally entitled to under state or federal labor laws. Unpaid wages can include not just the employee’s regular salary or hourly rate, but also overtime pay, minimum wage, commissions, bonuses, and other forms of earned compensation.
Employees who are owed unpaid wages can file a claim with the state labor agency or in court to recover the unpaid compensation. In some cases, they may also be entitled to recover damages, such as interest, penalties, and attorney’s fees, in addition to the unpaid wages.
Unpaid wage claims are common and can arise in a variety of circumstances, such as misclassification of employees as independent contractors, failure to pay overtime, failure to pay for all hours worked, or illegal wage deductions.
If an employee believes that their employer has failed to pay them the wages that they are owed, they should consult with an experienced employment law attorney to understand their rights and options for recovery.
What Is The Statute Of Limitations For Filing A Claim For Unpaid Wages In California?
In California, the statute of limitations for filing a claim for unpaid wages is typically three years from the date the wages were due and payable. However, if an employer willfully failed to pay the wages, the statute of limitations may be extended to three years from the date of discovery of the violation.
Note that the statute of limitations may be shorter for certain types of wage claims, such as waiting time penalties under the California Labor Code, which must be claimed within a shorter time period.
If you are unsure about the statute of limitations for your specific case, it’s best to consult with a qualified employment attorney for guidance.
What Can I Do If My Employer Retaliates Against Me For Filing A Claim For Unpaid Wages?
Retaliation against an employee for filing a claim for unpaid wages is illegal in California. If an employer takes adverse action against an employee for exercising their rights under the state’s labor laws, such as terminating their employment, demoting them, or reducing their hours, the employee may have a claim for retaliation.
If you believe that you have been retaliated against for filing a claim for unpaid wages, you may take the following steps:
Document the retaliation: Keep a record of any incidents of retaliation, including the date, what happened, and any witnesses.
File a complaint with the appropriate agency: You can file a complaint with the California Labor Commissioner’s Office or the Equal Employment Opportunity Commission (EEOC).
Consider legal action: If the retaliation is particularly severe, you may want to consult with an employment attorney to explore your legal options, including a civil lawsuit for damages.
Since there are strict time limits for filing claims for retaliation under California law, it’s important to act quickly. If you’re unsure about your rights and remedies, it’s best to consult with a qualified employment law attorney for guidance.
An experienced employment lawyer can help build a strong case for workplace retaliation by gathering and presenting evidence, and by representing the employee in negotiations, administrative proceedings, or a lawsuit.
Marquee Employment Attorneys Are Here For You
An experienced employment law attorney can help you understand your rights and options, and can assist in pursuing a claim for Unpaid Wages. At MAG, we will provide guidance and ensure that your rights are protected throughout the process.
If an employee believes that they have not been paid the full amount of wages they are owed, they may file a claim with the California Labor Commissioner’s Office or take legal action against their employer. However, it’s best to contact us today to schedule a free, confidential consultation and work on a contingency fee basis. There is no risk or obligation – we are paid only if we obtain compensation for you.
We want you to feel confident in knowing your rights when it concerns employment law and unpaid wage disputes. We also help those dealing with Workplace Discrimination, Workplace Harassment, Breach Of Contract and more. If you or someone you know has suffered from these types of conflicts in the workplace, please call us at 1-844-493-9455 (4WE-WILL) or fill out our contact form today.