At Elite Employment Law we are dedicated to protecting the rights of California workers. Our experienced Laguna Hills unpaid wages attorney focus’s exclusively on representing employees and protecting their rights.
Our employment lawyer works tirelessly to ensure workers receive all the compensation they are entitled to. The California Labor Code provides some of the most comprehensive protections for workers in the nation, and we are here to help you understand and enforce these rights. Contact us to schedule a free consultation today.
Understanding Your Compensation
Your earnings encompass far more than just your base pay. California law recognizes and protects various forms of compensation, including:
- Regular Wages. This includes your agreed-upon hourly rate or salary. California law mandates that employees must be paid at least the state minimum wage, which as of 2024 is $16.00 per hour.
- Overtime Pay. In California, non-exempt employees are entitled to 1.5 times their regular rate of pay for hours worked beyond 8 in a day or 40 in a week. They are also entitled to 2 times their regular rate for hours worked beyond 12 in a day or 8 on the seventh consecutive day of work in a workweek.
- Commissions and Bonuses. If your compensation includes commissions or bonuses, these must be paid according to the terms of your employment agreement. Employers cannot arbitrarily withhold or modify agreed-upon commission structures or bonus plans.
- Unused Vacation Time. In California, accrued vacation time is considered earned wages. Upon termination of employment, regardless of the reason, employees must be paid out for all unused vacation time at their final rate of pay.
- Off-the-Clock Work. California law requires that employees be compensated for all hours worked, including time spent preparing for work or cleaning up after shifts, required training or meetings outside regular work hours, and work performed from home or while traveling for business.
California’s Payday Requirements
California has strict requirements regarding when and how often employees must be paid. Some of those rules include:
- Wages must be paid at least twice per calendar month on designated paydays.
- Labor performed between the 1st and 15th of the month must be paid between the 16th and 26th.
- Work performed between the 16th and last day of the month must be paid between the 1st and 10th of the following month.
- Some exceptions apply for executive, administrative, and professional employees paid a monthly salary.
Employers who fail to pay wages on time may be subject to penalties under California Labor Code Section 210.
Your Right to Accurate Pay
Ensuring you receive accurate pay is essential. Here are key rights you should be aware of:
Itemized Wage Statements. Employers must provide detailed pay stubs that include:
- Gross wages earned
- Total hours worked (for non-exempt employees)
- All deductions
- Net wages earned
- Pay period dates
- Employee name and last four digits of their Social Security number
- Employer’s name and address
Minimum Wage Compliance. Even if you are paid a salary or by piece rate, your total compensation must equal at least minimum wage for all hours worked.
Meal and Rest Breaks. Non-exempt employees are entitled to:
- A 30-minute unpaid meal break for shifts over 5 hours
- A second 30-minute unpaid meal break for shifts over 10 hours
- A paid 10-minute rest break for every 4 hours worked
If an employer fails to provide these breaks, they must pay one additional hour of pay at the employee’s regular rate for each day a meal or rest break is not provided.
Accessing Your Payroll Records
Transparency in payroll practices is vital for ensuring fair compensation. Under California Labor Code Section 226, you have the right to:
- Inspect or copy your payroll records within 21 days of making a request
- Receive records showing your hours worked, pay rate, and deductions
- View these records at reasonable times and intervals
Employers who fail to comply with these requirements may face penalties and legal action.
Speak to a Laguna Hills Unpaid Wages Attorney Today
At Elite Employment Law, we focus our practice exclusively on protecting employees’ rights. We work tirelessly to ensure that you receive every dollar you’ve earned.
Let us put our experience to work for you. Contact our Laguna Hills unpaid wages attorney today to schedule your free consultation.