As an employee in the state of California, you are entitled to the salary you work for on a regular basis. Unfortunately, some employers do not feel the need to fairly compensate their employees, and in failing to pay the wages they owe, they are in violation of both state and federal laws. If you have been having difficulty getting paid by your employer, or you are constantly promised wages you never receive, you may have a case against your employer.
The Fair Labor Standards Act
The standards set forth by the Fair Labor Standards Act (FLSA) protect employees from wage theft and other unethical employment practices. According to the FLSA, employers are required to pay a minimum wage of at least $7.25($11.00 in California) an hour. Employees who work overtime (more than 40 hours a week) are entitled to a wage of at least one and a half times their normal wage. Employers are also required to pay employees for any work-related duties performed on or off premises. If an employer violates any of these requirements, they are in direct violation of the FLSA.
How Does Wage Theft Occur?
Wage theft occurs in a variety of ways. In many cases, employers engage in wage theft by:
- Refusing to pay employees at all
- Refusing to pay employees on time
- Not paying employees all of their wages
- Refusing to pay commissions or tips
- Failing to compensate employees for overtime
When a business refuses to pay its employees their promised wages, they can be held legally responsible for the unpaid wages, damages related to the unpaid wages, and interest.
A Widespread Problem
Employers refusing to pay wages to their employees is a widespread problem in the United States, and studies even show private attorneys recovered more than $467 million in class action and wage lawsuits in 2012. Lower income employees in the service industry are more likely than other classes of workers to be impacted by wage theft, and many do not know that wage theft is a criminal offense that stands in direct violation of the FLSA. This is unfair, but by hiring an attorney from The Cartwright Law Firm to represent them, employees who have been denied pay may be able to recover the wages they deserve.
Reach Out to Us
If you are not being paid properly by your employer on a regular basis, it is normal to feel angry and frustrated. You may even be thinking about quitting your job altogether. These feelings and thoughts are normal, but you may have a wealth of viable legal options at your disposal. Reach out to The Cartwright Law Firm today to get started on your case.
To learn more about our Santa Rosa Labor and Employment Attorneys, please visit our site.