In most cases, it is the compensation for work or one's salary that keeps employees working. These employment wages serve as their motivation not to quit their jobs. However, if employees often receive unfair salary rates or not receive them at all, they might find themselves in a financial problem. If you are an employee who experiences this kind of situation, you can still claim your lost wages by filing a wage dispute lawsuit.
In California, there are several wage law violations that employers often commit. In order to file an effective California wage dispute lawsuit, you should prove that your employer committed one of the following wage violations:
- Minimum wage violations â Employers are required to pay their employees a minimum of $8.00. However, there may be some exceptions. For instance, the minimum wage in San Francisco is higher at $9.79.
- Overtime pay violations â If an employee works more than 8 hours a day or more than 40 hours a week, he is entitled to receive overtime pay. Under federal laws, overtime wages should be one and a half times the regular salary rate.
- Failure to record and document salary increases and deductions â The employer has the responsibility to inform the employee any deductions and increase in his salary. This should be done through a written report.
- Failure to inform employee basic information regarding his salary â When a new employee is hired, the employer should make sure to brief him regarding wage and benefits. Though wage and salary clauses are already indicated in the employment contract, explaining them to the employee will be more beneficial in the long run.
Once you are sure that your employer has committed these violations, you may then file a California wage dispute lawsuit against him. Possible compensation for a wage dispute lawsuit includes:
- Lost and unpaid wages
- Legal fees
- Punitive damages
Aside from wage violations, there are other federal and state employment law violations that employers and supervisors commit. Some of these violations include:
- Meal and break violations
To resolve these issues, you just need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH).
Every employee has the right to receive the right amount of wages as stated by the law. If your wage rights have been violated, get an employment law attorney and take legal steps right away. Once you have won your case, you will eventually get back the wages and benefits you deserve.