Unpaid Wages in California California Labor Law: Defining Unpaid Wages

1. defining unpaid wages examples in
Despite a powerful public policy encouraging employers to create timely payment of wages and
both federal and state statutes that require it, many staff are not paid the wages these are owed.
If you feel your employer has treated you unfairly, it is essential to understand your rights and
potential remedies.
Classification of Worker
A threshold consideration is that the general rule below the California Labor Code is the fact only
employees, not independent contractors, have the legal right to make claims for unpaid wages.
However, the reality that a worker is considered an independent contractor through the business
is not conclusive. Whether a worker/employer relationship has long been established is a matter
to generally be dependant on the details and circumstances in the specific situation. Although an
independent contractor may well not bring a wage claim, she or he has other legal protections
regarding disputed payments.
San diego unpaid wages
Style of Compensation
Different rules apply in line with the employee's status as:
• Hourly
• Salaried
• Commissioned
Additionally, bonuses, benefits and vacation pay might be treated differently from wages, as well
as other types of workers might have special rules that apply.
Common Unpaid Wage Issues
A San Diego employment law attorney can evaluate your particular situation to ascertain if you
have a legitimate claim, but here are among the most often reported issues:
• You need to be paid at least the minimum wage for many work you performed, even if
unauthorized, completed both at home and "off the time," including, in most cases, in the event
you worked solely on commission or by piece rate.
• You have to be paid overtime for any hours worked over eight hours in one day or older 40
hours in a week unless your work is exempted from overtime.

2. • You will be qualified to a paid 10 minute rest period for every single four hours of labor.
• If you are fired or fired, you should be paid everything is owed you upon your termination.
• In case you quit giving no less than 72 hours' notice, you have to be paid after you leave.
Otherwise, you need to be paid within 72 hours.
• When your employer provides vacation, all unused vacation time must be paid as wages once
you leave.
Penalties for Violation of Wage Law
An employee who prevails in a wage claim may be qualified to approximately thirty days wages,
interest around the unpaid ages, reasonable attorney's fees and then any other reasonable costs
from the lawsuit filed.