What to Do If Your Employer Doesn’t Pay You
When your deadbeat employer hasn’t paid you can be upsetting and confusing. You have bills to pay regardless of the employer’s excuse of of missing paycheck, underpayment, or not getting paid for the hours you worked. You must know your rights and what steps to take will help you properly handle get paid for the time you work. California’s job laws are made to protect workers and ensure they are paid on time for their work.
What Are Your Rights If Your Employer Doesn’t Pay You?
California wage law protect workers’ rights to be paid for from their employer. The Fair Labor Standards Act (FLSA) says that employees must receive at least the federal minimum wage and overtime pay for hours worked over 40 in a workweek, unless exempt. California Labor Code Section 204 explains that wages for work done between the 1st and 15th of the month must be paid by the 26th of that same month, while wages for work done between the 16th and last day of the month must be paid by the 10th of the following month. Final paychecks must be given immediately upon termination or within 72 hours of quitting.
Types of Unpaid Wages
Here are some unpaid wage types you might face from your employer:
- Wages not paid: If payday comes and your paycheck hasn’t been deposited in your account, it’s a violation of your rights. Please contact our employment attorney for help to get your money.
- Unpaid wages upon termination: California law requires employers to pay all unpaid wages, including unused vacation, right away upon termination or within 72 hours of an employee’s resignation if notice was not given.
- Unpaid overtime: Employers are required to pay non-exempt employees overtime for hours worked over 40 in a workweek. If your employer isn’t paying you for this time, they are breaking job laws.
- Late payment: In some cases, your employer might pay you late, causing financial stress and uncertainty. Late payments are also a break of your employment agreement and can have legal consequences for your employer.
- Underpaid wage: Maybe you worked 40 hours, but your paycheck only shows 35 hours. Underpaid wage is also a violation, and you deserve to be paid for every hour you worked.
- Unpaid commissions: Sales positions often come with the promise of commissions. If your employer fails to pay out these commissions, it’s considered unpaid wages, and you have the right to ask for those earnings.
Steps to Take if Your Employer Doesn’t Pay You
1. Address the Issue Directly with Your Employer or HR
The first time your pay is wrong, promptly have a calm and professional conversation with your employer or HR department. Mistakes can happen, and it’s possible that the issue is a simple error that can be quickly fixed. Clearly explain the problem and ask when you can expect to be paid.
2. Document All Interactions
Keep a record of all your talks about the issue. Save emails and write down any promises or deadlines given by your employer. This record can be important if the issue grows. California Labor Code Section 226 also ensures employees have the right to ask for payroll records.
3. Send a Formal Written Request
If talking to your employer doesn’t solve the issue, send a formal written request for your wages. Explain the amount you are owed, the pay period it covers, and the steps you’ve already taken to fix the issue. Under Labor Code Section 98.6, retaliation for reporting unpaid wages is illegal, so employees can stand up for their rights without fear.
4. Seek Legal Advice
If your employer still doesn’t correctly pay you after your formal request, it might be time to seek legal advice. An experienced job lawyer can guide you on the best course of action, including filing a claim with the California Division of Labor Standards Enforcement (DLSE) or pursuing a lawsuit. The law also provides penalties for employers who delay or hold back wages.
5. File a Complaint with Your State Labor Department
Filing a complaint with your state’s labor department or the U.S. Department of Labor’s Wage and Hour Division (WHD) can lead to an investigation into your claim. They have the power to take legal action against your employer if needed. Under Labor Code Section 210, employers can face penalties for late wage payments.
Penalties for Late Paychecks in California
California imposes money penalties on employers who fail to pay workers on time. For first violations, the penalty is $100 per employee who gets a late paycheck. For more violations, employers incur a $200 penalty per employee, along with 25% of the unpaid wages. Waiting time penalties can also be applied when an employer doesn’t give a final paycheck on time. The penalty equals the employee’s daily wage for every day the wages remain unpaid, up to 30 days. Employers in California cannot delay final paychecks for reasons like payroll processing.
Filing a Wage Claim
Filing a wage claim with the California DLSE begins with submitting your case to a Deputy Labor Commissioner. After reviewing the claim, the commissioner may refer the case to a meeting or hearing. At the hearing, all parties testify under oath, and a decision is made. If your employer does not pay the awarded amount, the DLSE can enforce the decision by entering it as a court judgment. Employees can also join group actions under the California Private Attorneys General Act (PAGA) if the wage violations affect many workers.
Key Takeaways
- Understand Your Rights: Federal and California job laws protect employees against wage theft and ensure timely payment. Final paychecks, unpaid overtime, and commissions are all enforceable under these rules.
- Document Everything: Detailed records of interactions and attempts to fix the issue will strengthen your case.
- Act Quickly: Filing a claim or consulting with an attorney should not be delayed, as strict timelines apply.
By staying informed and proactive, you can ensure that you receive the payment you deserve for your hard work.
