Legal Protections and Rights
You should talk to your employer to find out why they haven’t paid you what you expected. If they‘ve made a mistake, ask them to pay you straight away. Not getting rightfully paid for the work you put into your job can not only be frustrating—it can be financially damaging. More than that, not getting paid is a violation of labor laws. Understanding your rights and options in such a situation is essential to ensuring that you handle the issue effectively and protect your financial well-being.
Contact your employer in writing and ask for prompt payment of the wages owed to you. The U.S. federal and state laws protect workers’ rights to be paid for their labor. The Fair Labor Standards Act (FLSA) mandates that employees must receive at least the federal minimum wage and overtime pay for hours worked over 40 in a workweek, unless exempt. Employers are expected to pay their employees on a regular schedule. If your employer isn’t paying you as required by law, you have the right to take action.
You have the right to file a wage claim if there is a dispute with your employer about the amount of wages owed, or if the employer fails to pay wages. California law also provides additional protections. For example, California Labor Code section 210 allows an employee to recover penalties for late payment of wages while still employed. Furthermore, an employer may be subject to waiting time penalties if they fail to pay wages owed immediately upon termination or resignation with 72-hours notice.
Can You Refuse to Work If You Haven’t Been Paid?
If you haven’t been paid for earned paid time off, you may have grounds for a wage violation claim. While it may seem logical to refuse work if you haven’t been paid, this approach can be risky. Depending on your employment relationship and contract, refusing to work may lead to termination. Employers might argue that you are in breach of your employment agreement, which could complicate your legal standing. If you haven’t been paid all the money you‘ve earned at work, you might have a legal claim against your employer under California or federal wage and hour law.
Instead of refusing to work, it’s often better to take proactive steps to address the issue. Filing a wage claim and consulting with an employment lawyer can help you recover your unpaid wages while avoiding potential risks to your job.
Steps to Address Unpaid Wages
You‘re entitled to get paid for the work you do. If you think your pay is wrong or you haven’t been paid what you‘re owed, there are steps you can take. If your employer hasn’t paid you, consider the following steps:
- Communicate with Your Employer: The first step you should take is to talk to your employer directly about the issue of unpaid wages you haven’t received after they were supposed to be paid. Engage your employer or HR department in a calm and professional manner. Mistakes can happen, and it’s possible the issue is a technical oversight.
- Review Your Employment Contract: Your contract may specify when you are supposed to be paid and outline any recourse for late or unpaid wages. For instance, some states require manual workers to be paid weekly, and any violation of this rule could strengthen your case.
- Document All Interactions: Keep records of your communications, hours worked, and any correspondence about unpaid wages. This documentation will be crucial if legal action becomes necessary.
- Send a Formal Written Request: If discussions with your employer don’t resolve the issue, send a formal written notice detailing the amount owed and the pay period it covers.
- Seek Legal Advice: If your employer continues to withhold payment, consulting with an employment lawyer is essential. Lawyers can guide you through the process of filing a claim or pursuing legal action.
- File a Wage Claim: In California, employees can file claims with the Labor Commissioner’s Office or the U.S. Department of Labor’s Wage and Hour Division. This step may prompt your employer to take action or provide a pathway to recover your wages.
Understanding Wage Theft and Constructive Discharge
Wage theft encompasses various scenarios, including late payment, underpayment, and unpaid overtime. If you face persistent nonpayment or reductions in pay, you may have grounds for a constructive discharge claim. Constructive discharge occurs when an employer creates intolerable working conditions to force an employee to quit. If proven, this can legally be treated as wrongful termination.
To establish a constructive discharge claim, you must demonstrate that your employer knowingly created intolerable conditions that left you with no reasonable choice but to resign. Examples include persistent harassment, substantial pay reductions, or discriminatory treatment.
Retaliation Protections
Workers are protected against retaliation for asserting their rights. For example, retaliation can include firing, reducing hours, or other adverse actions taken against employees for filing complaints or inquiring about unpaid wages. Federal and state laws, such as the FLSA and California labor laws, prohibit such actions. If you experience retaliation, you can file a discrimination or retaliation complaint with the appropriate labor department.
The Wage and Hour Division is here to protect your rights. Most of the acts enforced by WHD have regulations that prohibit retaliation, harassment, intimidation, or the taking of adverse action against employees for inquiring about their pay, hours of work, or other rights. You are protected from retaliation for reporting issues relating to minimum wage and overtime pay, recordkeeping, and other worker protections.
Filing a Wage Claim: Required Documentation
If you don’t get paid by an employer even after asking, you might be able to file an unpaid wages claim. When filing a wage theft claim, you will need to provide the following:
- Employment contract
- Records of hours worked
- Pay stubs
- Communication records regarding unpaid wages
Providing accurate documentation strengthens your case and increases your chances of recovering your wages. Wage violations are illegal, and an employment lawyer can help enforce federal laws and state laws to get California workers the wages they are owed.
California Law and AB 673
AB 673, signed into law in 2019, amended Labor Code section 210 to allow employees to recover statutory penalties for late payment of wages while still employed. This provides workers with a significant tool to address wage violations. According to California law, regular payment of wages is governed by Labor Code section 204, which requires wages to be paid twice a month. Failure to comply with these requirements can result in penalties for employers.
Understanding Constructive Discharge
Constructive discharge occurs when a California employer knowingly creates harsh, intolerable working conditions for an employee, effectively forcing them to resign. To prove a constructive discharge claim, employees must show that the conditions were so unbearable that any reasonable person in the same situation would feel compelled to quit. Examples include significant pay cuts, harassment, or discriminatory practices.
If you think you have been forced to quit your job due to such conditions, you may have a claim for constructive discharge. Even though a wrongful termination claim is usually off-limits if you quit your job, you may have a cause of action under the legal doctrine of constructive discharge. Under this theory, you may have a cause of action for wrongful termination just as if you were fired outright.
Conclusion
Facing unpaid wages is a challenging situation, but understanding your rights and options can help you address the issue effectively. Instead of refusing to work, consider filing a claim, consulting with an attorney, and pursuing legal action if necessary. Workers have a range of legal protections, from filing wage theft claims to addressing retaliation and constructive discharge. By taking proactive steps and leveraging the protections offered by labor laws, you can recover the wages you’re owed and protect yourself from further harm.
