Monterey County Unpaid Wage Attorney
Fighting for Your Unpaid Wages in Monterey County
When you perform work for an employer, you have a right to be paid fully for that work. State and federal laws enforced by the Department of Labor's Wage and Hour Division require employers to pay their workers properly and in a timely manner. Despite this, California employers still regularly violate these labor laws by not paying employees properly for their hours worked.
Common wage & hour issues include:
- Minimum wage violations
- Unpaid overtime
- Failure to provide meal breaks
- Improper pooling of tips
An employer who engages in such actions is committing wage theft. Even if you are fired, laid off, or you resign from your position, you have rights to receive your wages without excessive delays.
By law, an employer must pay your wages in a time-sensitive manner:
- If you have been laid off or wrongfully terminated, your employer must pay you immediately (including money owed to you for unused vacation days and time-off benefits).
- If you voluntarily resign, you are entitled to receive all wages owed to you within 72 hours.
Is your employer withholding your pay or denying you your rightful overtime pay? It is time to call an unpaid wage lawyer at Polaris Law Group. You can reach out to the law firm at (888) 796-4010.
Do I Have Unpaid Wages?
There are a number of situations where employers will illegally withhold pay from their employees. In California, the extent of a worker's right to wages or benefits will often depend on whether they are classified as an "employee" or an "independent contractor." If an employer wrongfully classified you as an independent contractor, he/she could face severe penalties.
Employers illegally withhold pay from employees in a variety of ways. These include:
- Asking you to work off the clock
- Charging you for uniforms or other supplies
- Failing to pay the minimum wage
- Failing to pay overtime wages
- Failing to pay commissions
- Failing to pay for meal breaks
- Failing to pay your final wages after termination
- Failing to pay an employee for time spent preparing for work
- Failing to pay an employee for time spent at mandatory meetings, training, etc.
If you were illegally denied your rightfully earned wages, you could be entitled to back pay and an equal amount as liquidated damages, plus attorney's fees and court costs. Our attorneys can provide legal advice for your situation and help you file a claim for your unpaid wages.
Understanding Minimum Wage Violations
In the state of California, employees are entitled to a minimum wage of $14 per hour for employers with 26 or more employees. Smaller employers must pay their employees $13 per hour. Some counties and cities, like Los Angeles, have higher minimum wages.
Employees who were not paid the minimum wage may be able to obtain liquidated damages. This is a set amount to compensate difficult to quantify losses. Additionally, employees can be penalized for either not providing or providing inaccurate wage statement information.
Classification of a worker as either an independent contract or employee has significant effects on that worker's wages. Sometimes, employers will purposefully misclassify employees as contractors to get around minimum wage, overtime, and other wage issues. Misclassified workers can be denied important benefits and rights.
California makes use of the ABC test in determining correct worker classification. The ABC test means a worker must be considered an employee unless all of the following are true:
- The individual's work performance is not under the control of the hirer
- The individual's work is performed outside of the hirer's typical business
- The individual works in an independent trade, occupation, or business and that same work is performed for the hirer
If you believe you have been misclassified, you have the right to take action. Our employment lawyers can help you file a claim and recover compensation.
Learn More During a Free Initial Consultation: (888) 796-4010
Do you believe your employer denied your rightfully earned wages? This is a violation of the Fair Labor Standards Act, and you may be able to file a wage claim. Contact Polaris Law Group for help. Attorney Bill Marder offers free, no-obligation, and confidential consultations and is prepared to put his more than 25 years of legal experience in employment law to work for you.
Here are some examples of successful unpaid wage claims that Bill has handled:
- $5 million in unpaid wages case
- $4.75 million in unpaid wages case
- $1.5 million in unpaid wages case
“They are extremely helpful and make difficult situations seem manageable, hopeful, and worth pursuing!”- Natalie
“Mr. Marder and his wonderful team of associates is who you want in your corner.”- Francisco
“They exceeded my expectations.”- Thomas H.