Contact us if you have a question about whether your are owed overtime, double time, commissions, wages, bonus pay, or pay for meal or rest breaks. We want to explain to you what overtime is, what prevailing wage is, and when you are an exempt versus non-exempt employee.
Your employer is required to pay you for all time worked in California. If you haven’t received all of the compensation you deserve, you may be able to file a claim against your employer. Only an experienced attorney can determine the value of your unpaid wage claim, which may include the wages you are owed, interest, penalties and other damages.
We have a fairly new national labor secretary, he has a Latino name, and he is in Los Angeles with union activists at the AFL-CIO convention. He has pledged to raise minimum wage. Experts expect that he will further worker rights, aggressively enforce existing labor laws, and go after employers for wage theft. He may also deal with issues pertaining to undocumented workers.
In the old days, wage theft meant the employer was taking back earned wages. Wage theft happened when employers required employees to buy things from them, or rent their property (e.g. the company store). Failing to properly itemize the hours worked on a paycheck is modern wage theft under the California Labor Code. Failing to properly pay any wage due is wage theft. Particularly offensive wage theft we are involved in includes failing to reimburse for mileage to the point that failure to reimburse amounts to more than 20% of the employee’s monthly wages. Failing to reimburse for employment related expenses is also wage theft. We have a case where massive travel expenses were not reimbursed. This is a particular problem for truckers who incur hundreds of dollars a day in expenses and may be illegally forced to pay the fuel expense of the truck they are driving that is their employer’s.
Secretary Perez is also expected to deal with the conditions of the immigrant workforce, often illegal. In California, undocumented workers can sue for sexual harassment. They can also sue for an unpaid wages such as their hourly wage, minimum wage, salary, overtime, and meal break violations, and paychecks never received. In these lawsuits, other than involving the loss of employment, it is impermissible to ask about immigration status. Illegal aliens who are not authorized to work cannot sue for wrongful termination or the loss of a job the law views them as not being legally authorized to have in the first place.