In California, employers have to correct payroll mistakes as soon as they discover the error.
You have the right to be paid on time. If your paycheck is missing hours, overtime, commissions, bonuses, or reimbursements, it can be difficult to pay rent, buy groceries, or keep up with other monthly expenses.
If your employer is withholding your wages, a Los Angeles employment lawyer from Omega Law Group Injury & Accident Attorneys can help you hold them accountable.
How Long Does My Employer Have to Fix a Payroll Mistake in California?
In California, employers are expected to correct a payroll error and pay missing wages as soon as the mistake is discovered. If an employer fails to pay wages when required by California’s wage payment laws, certain statutory penalties may apply depending on the nature of the violation. The availability of penalties depends on the specific Labor Code provision involved.
An employment attorney from Omega Law Group can review your case and determine whether you have grounds for a legal claim.
Common Payroll Mistakes in California
Payroll errors happen for many reasons. Some result from simple data entry mistakes, while others stem from poor timekeeping practices or misunderstandings of California labor laws.
Some of the most common payroll mistakes include:
- Incorrect hourly wages or salary calculations
- Missing regular work hours
- Unpaid overtime
- Failure to include commissions or bonuses
- Missed meal or rest break premiums
- Incorrect paycheck deductions
- Failure to reimburse business expenses
- Misclassification of employees as independent contractors
- Misclassification of nonexempt employees as exempt
- Failure to pay final wages after employment ends
What Should You Do if You Notice a Payroll Error?
It’s important to act quickly after you discover a payroll mistake. Waiting too long can make it more difficult to gather evidence and resolve the issue.
If you think you are owed wages, be sure to:
- Gather supporting documents, including timesheets, emails, and pay stubs.
- Notify your supervisor or payroll department about the mistake.
- Keep written records of all communications regarding the issue.
- Monitor whether a correction is made promptly.
- Speak with an employment attorney from Omega Law Group if your employer refuses to correct the mistake.
What if My Employer Refuses to Fix the Mistake?
Sometimes, employers deny that a payroll error occurred or repeatedly promise to correct the issue but never follow through.
If your employer refuses to fix a payroll mistake, you may be able to:
- File a wage claim with the California Labor Commissioner’s Office
- Pursue a civil employment lawsuit to recover unpaid wages
- Seek penalties authorized under California labor laws
- Recover interest on unpaid wages
- Recover attorneys’ fees and litigation costs (in certain cases)
An employment lawyer from Omega Law Group can assess your situation and determine the best course of action.
How Long Do You Have to File a Wage Claim?
In California, the deadline to file a wage claim depends on the type of violation your employer committed.
You have:
- Four years to file a claim based on a formal written contract
- Three years to file a claim related to minimum wage violations, illegal deductions, overtime, or unpaid reimbursements
- Two years to file a claim regarding an oral promise to pay a wage rate higher than the minimum wage
- One year to file a claim regarding bounced checks or a refusal to let you see your personnel/payroll records
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What Types of Compensation Can You Recover?
If your employer failed to pay you properly, you may be entitled to recoup more than just the missing wages.
Depending on your case, you may be able to recover:
- Unpaid wages: You can recover the earnings your employer failed to pay, including regular wages, overtime, commissions, bonuses, or other compensation you earned.
- Interest on unpaid wages: You can recover interest that accumulated while your employer withheld the wages you were owed.
- Waiting time penalties: You can recover additional compensation if your employer willfully failed to provide your final paycheck within the time required by California law.
- Meal and rest break premiums: You can recover premium pay if your employer failed to provide legally required meal or rest breaks.
- Attorneys‘ fees and court costs: In some cases, you can recover certain litigation expenses.
An attorney from Omega Law Group can help ensure you receive all of the damages you are entitled to.
How Can an Employment Lawyer Help?
Recovering compensation for a payroll mistake can be challenging.
An employment lawyer from Omega Law Group can:
- Investigate your payroll records: An attorney can review your pay stubs, time records, employment agreement, and other documents to determine whether you were paid correctly.
- Calculate the wages you are owed: A lawyer can identify unpaid regular wages, overtime, commissions, bonuses, penalties, and other compensation that may be available.
- Communicate with your employer: An attorney can present evidence supporting your claim and negotiate for prompt payment of the wages you earned.
- File administrative claims: A lawyer can help prepare and submit wage claims with the appropriate state agency (if necessary).
- Represent you in court: If negotiations are unsuccessful, an attorney can help you pursue legal action to recover unpaid wages and other damages.
- Protect you from retaliation: A lawyer can defend your rights if your employer retaliates against you for reporting payroll violations or requesting unpaid wages.
Contact an Employment Attorney
Even a small payroll error can have a major impact on your finances. If you believe your employer has made a mistake with your paycheck, an employment attorney from Omega Law Group can help gather evidence that supports your case and pursue the compensation you are entitled to.
Schedule a free consultation to find out more about your legal options.
