If your boss didn’t pay you for all the hours you worked, you should review your records for accuracy, gather evidence, and present it to your employer. If it’s something like a simple payroll error that can be fixed, and your boss agrees to do so, then that can mean a simple resolution.
However, if the issue is not resolved internally because your boss simply refuses to pay you for the hours that you worked, then you may want to consider legal action.
Going through this can feel overwhelming. An unpaid wage lawyer in Los Angeles can evaluate your case for free and help you figure out what legal options you may have and whether your workers’ rights were violated.
What Are Some Typical Ways in Which Employers Fail to Pay Employees?
When thinking about unpaid work, you may at first think of it as a very scheduled thing; however, these violations don’t always work that way.
Understanding other ways you may be unpaid can help clarify your specific situation.
Here are some of the common ways that pay violations may occur:
Off-the-Clock Work
Sometimes your boss or workplace may ask you to complete job duties outside of work hours, before clocking in or out, or during lunch breaks. This may include setting up equipment, cleaning workstations, preparing reports, or responding to messages outside work hours.
This type of work must be compensated.
Unpaid Overtime
California has some of the strongest overtime protections in the country.
In many cases, non-exempt employees must receive overtime pay when they work:
- More than eight hours in a workday
- More than 40 hours in a workweek
- More than six consecutive days in a workweek
Employees may also qualify for double-time pay under certain circumstances.
Missed Meal and Rest Breaks
California law generally requires employers to provide meal and rest breaks to non-exempt workers. If employers fail to provide legally required breaks, workers may be entitled to additional compensation known as premium pay.
Incorrect Timekeeping Practices
This is a common cause of unpaid wages, often happening when employer timekeeping systems automatically deduct time for meal breaks that you were never actually able to take. Inaccurate payroll records can result in you being underpaid.
Employee Misclassification
Some workers are incorrectly classified as exempt employees or independent contractors. Misclassification may allow employers to improperly avoid paying overtime wages or providing other workplace protections.
If you are still unsure whether what you are facing qualifies as unpaid wages, talking to a Los Angeles employment lawyer can provide clarity.
More Details on the Steps You Should Take
If you believe that your boss didn’t pay you for all of the hours you worked, taking some steps to protect yourself can be extremely helpful moving forward.
Here are the steps that we recommend you take:
Double Check the Hours You Worked and Any Pay Discrepancies
The first thing you’ll want to do is ensure that the hours you worked and the amount of pay that you received do not have a discrepancy.
Check your pay stubs, schedules, and any records if that time is monitored. Pay close attention to things like any missing hours that you know you worked, any overtime that isn’t there, meal breaks, etc.
Gather All Available Evidence Related to the Unpaid Hours You Worked
If you do find that you are not being paid for the time that you worked, it’s important that you gather relevant documents and information, as this may be used as evidence if you have an eligible claim and want to move forward.
This can include paystubs, time sheets (virtual or physical, whatever applies to your job), your work schedule, emails or texts if relevant, and even statements from others who worked with you on the days or hours that you were not paid for.
Talk to Your Employer First for Potential Resolution
In some cases, payroll issues are the result of administrative errors or misunderstandings. Bringing the issue to your employer’s attention may lead to a resolution.
If possible, communicate in writing so there is a record of the conversation. Be professional and specific about the hours or wages you believe are missing.
Speak With an Employment Lawyer
Next, contacting a lawyer can be extremely helpful. An employment lawyer can take a look at your situation and provide guidance on whether you have a claim.
They can also help you file this claim, which in California is handled by the California Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement (DLSE).
(310) 526-8383Is It Illegal in California for an Employer Not to Pay Me for the Hours Worked?
With very few exceptions, it is strictly illegal for a California employer to withhold pay for any hours an employee has worked. This can include regular and overtime hours.
Both California and federal labor laws, specifically the Fair Labor Standards Act (FLSA), provide legal protections for employees.
However, because these situations can be nuanced, figuring out whether your rights were violated can be complicated, and this is where an experienced Los Angeles employment lawyer who knows the laws more closely can step in and help you figure out your legal rights and options.
Reach Out to an Unpaid Wage Law Firm Today
Unpaid wages are not only unfair and can cause frustration, but failing to pay an employee for their hours worked is strictly illegal across the country, with California enforcing some of the harshest penalties for violations. The first step is to try to resolve the issue with your boss and workplace; however, that may not always mean a resolution.
If you’ve already reached out internally and you are still left with unpaid wages, then you want to consider legal options.
Omega Law Group Accident & Injury Attorneys has experience handling an array of employment-related claims and situations that people from all walks of life and employment face.
We always put our clients first, and you’ll notice that difference right away. Reach out to our firm to schedule a free consultation to discuss your options today.
