Employees have a right to fair compensation for their work, including proper payment of wages, commissions and overtime. Unfortunately, some employers violate these rights, leading to financial hardship for hardworking individuals. Our firm is dedicated to advocating for employees who have been denied their rightful wages and overtime pay.
Legal Protections for Unpaid Wages, Commissions & Overtime
Under federal and state labor laws, employees are entitled to receive at least minimum wage for all hours worked and overtime pay for hours worked beyond 40 in a workweek. And paying a salary plus commission does not necessarily mean that an employee is exempt from overtime. Employers who fail to comply with these regulations may be held accountable for unpaid compensation.
Identifying Unpaid Wages, Commissions & Overtime Violations
Unpaid wages and overtime violations can take various forms, including:
Failure to pay minimum wage
Misclassification of employees as exempt from overtime pay
Off-the-clock work without compensation
Failure to provide required meal and rest breaks
Our experienced unpaid wages attorneys in California can help you determine if you have been the victim of unpaid wages or overtime violations and explore your legal options for recovery.
Pursuing Legal Action
If you believe your employer has unlawfully withheld your wages or failed to pay overtime, our firm can help you pursue legal action. We will thoroughly investigate your case, gather evidence to support your claim, and advocate aggressively on your behalf to recover the wages and compensation you are owed.
Recovering Unpaid Wages, Commissions & Overtime
Depending on the circumstances of your case, you may be entitled to various forms of compensation, including:
Back pay for unpaid wages and overtime
Liquidated damages
Attorney’s fees and costs
Our dedicated team unpaid overtime attorneys in California will work tirelessly to ensure that you receive the full and fair compensation you deserve for your hard work.
Protecting Your Rights
Employers are prohibited from retaliating against employees who assert their rights to unpaid wages and overtime pay. If you experience retaliation or adverse employment actions for seeking unpaid wages or overtime compensation, our firm will stand by you and fight to protect your rights.
Contact Us
If you suspect that you have been denied your rightful wages or overtime pay, don’t hesitate to contact us for a consultation. Our experienced labor attorneys in California attorneys are here to help you understand your legal rights and options and will work tirelessly to pursue justice on your behalf.
California overtime law is stricter than federal law in two important ways. First, California requires overtime pay at 1.5 times the regular rate for any hours worked over 8 in a single day, not just 40 in a week. Second, California requires double time pay for hours worked over 12 in a day, and for all hours worked on the seventh consecutive day in a workweek beyond 8. Federal law only triggers overtime after 40 hours in a week. Many Inland Empire workers are owed significant back pay because employers apply only the federal standard.
Misclassification occurs when an employer incorrectly labels a worker as an independent contractor or as an exempt salaried employee to avoid paying overtime, rest break premiums, or other protections. California uses a strict ABC test to determine whether a worker is an employee or contractor. Under this test, workers are presumed to be employees unless the employer can prove all three elements of the test. Misclassified workers are often owed years of unpaid overtime, meal and rest break penalties, and other damages.
Non-exempt employees in California are entitled to a 30-minute unpaid meal break for every five hours worked (no later than the end of the fifth hour), and a 10-minute paid rest break for every four hours worked. If your employer denied, cut short, or controlled your breaks, you are entitled to one additional hour of pay at your regular rate for each violation per day. These penalties add up quickly and can be recovered for up to three years of violations.
No. Complaining about wage violations whether to your employer, HR, the Labor Commissioner, or any government agency is a protected activity under the California Labor Code. If your employer terminated or retaliated against you for raising wage concerns, you have a separate retaliation claim on top of your wage claim.
For most wage and hour claims under the California Labor Code, the statute of limitations is three years. For claims based on a written employment contract, it may extend to four years. Penalties under the Private Attorneys General Act (PAGA) have a one-year lookback period. Call Huprich Law at 909-766-2226 to confirm which deadline applies to your specific claim.