Labor Laws can often be confusing and difficult to understand, that is why it is extremely important that you are aware of your rights as an employee. Laws can vary from state to state; however, in the state of California, the laws are written quite specifically. If you believe you may have been or are a victim of unfair harassment, discrimination, underpayment, unfair delayed payment, or simply not paid at all by your employer, then you most likely should seek the advice of an attorney.
Here at Webb & Bordson, we specialize in assisting employees in understanding their rights, as well as the steps necessary in protecting themselves and their families from an unfair wage dispute, which can often times if left unaddressed, cause serious financial hardship for the employee.
The first step an employer should take in ensuring that you are aware of your wage amount, the time and date you will receive your pay, and the different types of pay you will be receiving is by providing you this notice upon hiring you. When you begin a new position with a company, it is extremely important that you are fully aware of your compensation rate, the dates in which you will receive your pay, as well as the different types of pay you will be receiving.
Let’s first discuss your rights regarding your pay, the first right which many people are familiar with is your right to minimum wage. Again, this amount can vary from state to state, also these amounts can legally change due to new legislation any time during the year. These changes most frequently occur at the beginning of the year, this is an important time to take notes as to what amount of pay you are receiving and if it is minimum wage, you will want to verify with your employer that your forthcoming paycheck will reflect the legal increase due to you.
If you are employed and you believe you are not being paid the minimum wage, you will want to contact us right away so that we may assist you quickly in settling your dispute. Upon starting a new position, you should receive plenty of documentation stating your pay. This is an area you will want to take notice, to ensure that you are receiving the proper amount of pay that you are legal entitled to.
Another area of great importance when it comes to wages and your rights, is the set schedule in which you were told you would receive your pay. When you begin a new job, you should be made aware not just verbally, but in writing as well, of when your pay dates will occur. Once you have this information, you should be able to count on your pay arriving on those dates. If you do not receive your pay on those dates, then your rights have been violated you will want to contact an attorney to assist you in settling this situation as well as securing additional compensation to you for fees and penalties you incurred due to your pay being delayed.
The Labor Codes in California are written quite specifically and rigidly in order to protect the rights of employees, therefore, you should always receive your pay on the date/s you were notified that you would. Another important note here is, if your employer needs to change your dates of pay, you must first be notified. If you have not been notified of a move and you do not receive your pay on the previously agreed upon date, then your wage rights have been violated.
Again, because a situation such as this could cause you undue stress and harm, resulting in financial consequences greater than if you had received your pay on time, you may want to contact us so that we can discuss your rights and options in regards to collecting compensation for such hardships.
One of the most important areas of wage rights, which is commonly overlooked by employers, is the type of pay you will be receiving. First, will you be paid hourly, salary, and/or commissions? This is important information in that you must agree to the amount, but also to the additional types of pay that you have rights to. Additionally, you will want to make sure that you have been made of aware of the company’s policy regarding holiday pay as well as overtime. Employers are not legally required to offer employees vacation days, but if they do offer them then they must follow the contracted terms by which these days are offered. This is another area you will want to be aware, so that when you go to take your vacation time you are aware of what you should be paid, along with making sure that the proper pay has been received.
This area can get quite confusing and in many cases, employers do take longer than they should in properly paying vacation leave, if you believe you have not been paid in a timely manner, you will want to contact an attorney for advice, again the sooner the better to avoid additional financial hardships for you and your family. In regards to overtime pay, you will want to make sure that you are fully aware of what your overtime pay rate should be. You should have received notice of this amount and the company’s policies regarding paying you upon your hire.
This is similar to holiday pay, you want to make sure that you received the proper pay on the proper days. Some holidays consist of more than one day; therefore, you will want to make sure that you have been paid for all days that should be legally included in the holiday. Holiday pay, vacation pay, sick pay, and overtime pay, are one of the most common areas in which individuals are slighted pay by employers and because they were unsure of their rights, they unfortunately suffered drastic financial hardships.
The most important aspect to wage disputes is to know what your rights are. You should be mindful of getting the documentation stating the company’s policies upon your hiring. Make sure you familiarize yourself with these policies and take an extra moment to go over your paystub to ensure that you are receiving your proper pay. It more often than not, comes as a surprise to employees when they realize they have in fact been the victim of unfair wage practices. Don’t let this happen to you or loved ones, if you feel you have been unfairly treated regarding your pay or that your employer is simply breaking the law when it comes to your compensation rights, then contact us immediately, so that we can assist you in recovering your financial stability.
For questions, or to schedule a consultation, contact us today at 559.¬431.4888 (Fresno) or 619.399.7700 (San Diego).