Bruh – boss ain’t paying you? Generally, yes you may sue an employer for not paying you correctly. Employees work hard and deserve to be paid correctly, and on time. It sucks when an employee works hard, and long hours only to be paid incorrectly while the boss is driving a Lambo or Benz. As an employment attorney, employees frequently ask me, “My employer didn’t pay me what can i do.” The answer has many shades of gray.
By Brad Nakase, Attorney
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You work hard for your boss to make money, and you shouldn’t have to chase after the money you earned. In America, most workers depend on the biweekly paycheck to pay rent and care for their families. Living paycheck to paycheck and working hard as much as they can. It is unacceptable when an employer does not pay their worker. It is illegal for an employer to withhold their workers’ income. It is wage theft under both federal and state laws of employment.
Workers often contact me and ask, “My employer didn’t pay me what can I do?” YES, you can sue a company for not paying you. In fact, many employees contact me to learn that they are also owed money for missed rest breaks and lunch breaks. Please call me; I got your back.
An employee can suspect that their employer is not paying correctly if their paycheck does not seem right. Employees cannot assume that their employer is always right when it comes to paying correctly; most employers end up underpaying their employees either by accident or on purpose. Employees could be getting paid less than the minimum wage or be cheated out of other wages or compensations.
Things to look out for include:
Once an employee has determined that their paycheck/paystub is incorrect and that their employer is not paying correctly, there are steps they can take:
Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to a civil money penalty. Non-exempt employees who work more than the established 40 hours are entitled to overtime pay at one-and-a-half times the normal wage. If you were paid less than the minimum wage, you are entitled to liquidated damages equal to the amount of your lost wages.
Workers have every right to sue employers if they fail to pay them the minimum wage mandated by federal law. The FLSA (Fair Labor Standards Act) sets a minimum wage, and some states mandate an even higher minimum wage.
An employer can also fail to pay correctly by illegally deducting expenses from a worker’s paycheck when the law does not allow them to do so. Hence it is important to keep an eye on deducted money from your paycheck.
A worker can also sue their employer when they do not pay them overtime. If an employee works more than 40 hours in a workweek (7 days), federal and state laws require employers to pay overtime at one and a half times the regular wage. It is important to note that some employees, such as supervisors or managers who receive a salary, are not eligible for overtime.
FLSA laws state that overtime pay cannot be waived by an employer or an employee. Common overtime violations include:
It is illegal for an employer to ask an employee to work off the clock. In most states, including California, employers cannot require employees to work “off-the-clock” without monetary compensation. Employees can sue employers for requiring them to do work before clocking in or after clocking out. If they are illegally forcing employees to work off the clock, they can also be liable for personal injury claims if employees are injured during such work.
Working off the clock can look like:
An employer can be sued for not paying correctly when they fail to organize and maintain time records (wages, working hours, compensations, etc.) accurately. The U.S. Department of Labor requires that all employers do this. WHD (Wage and Hour Division) posters from the U.S. Department of Labor must be put up in the workplace to inform employees of all the records their employer is required to keep, such as hours worked, total hours per workweek, and the hourly pay rate.
When an employee files a wage claim against an employer, they cannot be terminated for doing so. Before hiring an employment lawyer, filing a claim, or getting the EEOC (Equal Employment Opportunity Commission) involved, it is important to first try communicating with the employer. An employer might have miscalculated or made a mistake in their records, which could be fixed.
If an employer does not agree on a solution or settlement, the employee should inform the federal agency EEOC or contact the WHD with the U.S. Department of Labor.
If the employer didn’t pay you, you can hire an employment lawyer or file a complaint and report your unpaid wages to the U.S. Department of Labor’s Wage Division. In California, you can also file a complaint with the Labor Commissioner. Employees can seek monetary damages, including interest pay, back pay, punitive and compensatory damages.
By understanding and taking these steps, employees can protect themselves against wage theft and secure the compensation they deserve.
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