My Employer Has Not Paid Me All That is Owed To Me

As an employee, you deserve to be compensated for all wages earned.

Unfortunately, some employers treat their employees unfairly by not paying them the wages to which they are entitled. Sometimes employers do this by mistake. Other times employers are trying to circumvent the wage and hour laws by intentionally failing to pay their employees what they are owed. The most common violations is when your employer requires you to work off the clock. Or when your employer doesn’t correctly pay you overtime. Sometimes your employer doesn’t give you rest or meal breaks, or requires you to work during such break. Whether intentionally or unintentionally, failing to pay you wages earned such as overtime, bonuses, vacation pay, and other wages, can be a violation of California “wage and hour” law.

My employer has not paid me all of what is owed.

Depending on the nature of your departure from your employer, the law varies on when your final paycheck is due. If you are fired or discharged from your employment, typically all wages including vacation pay, must be paid on your last day of employment. If you resign and give notice of at least 72 hours, your employer must all pay all of your wages on your last day. If you do not give at least 72-hour notice, your final paycheck must be provided with 72-hour hours after your last day of work. If your employer violates this law, you can receive penalties. While the foregoing rules apply to most employees, there are exceptions depending on the nature of your employment or the industry. Webb Law Group has helped numerous employees receive the wages they are entitled to. Please contact our office to help you recover these wages, in addition to penalties that you may be entitled for your employer’s failure to pay you your final paycheck.

Frequently Asked Questions

Under Labor Code Section 202, if an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting. Additionally, an employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Labor Code sections 201 and 227.3.

While an employer is not required to ensure that no work is performed, an employer must do more than simply make a meal period “available.” In general, to satisfy its obligation, an employer must actually relieve employees of all duty, relinquish control over their activities, provide a reasonable opportunity to take an uninterrupted 30-minute break (in which they are free to come and go as they please), and must not impede or discourage employees from taking their meal period.
Yes, under California law, whether authorized or not, your employer is required to pay you overtime at the rate of one and one-half times the employee’s “regular rate of pay”. “Regular rate of pay” can change from pay period to pay period. It is not your hourly rate but rather the compensation you normally earn for the work you perform. This includes hourly earnings, shift differentials, piecework, commission, and nondiscretionary bonuses or awards.

Contact Webb Law Group

If you would like to schedule a free, no-risk consultation with Webb Law Group, call 559.431.4888 or 619.399.7700 between 7am and 5:30pm Monday – Friday. You can also submit a request through our online form. If we cannot answer you inquiry immediately, we will be in touch within 24 hours.

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