Orange County Unpaid Wages Lawyer

Understanding Unpaid Wages Claims

The only way that you will know for certain that you have an unpaid wages claim is to talk to our Orange County unpaid wages lawyer and have them go over the details of your claim and give you the legal advice that you need.

In the meantime, however, here are the basics of an unpaid wages claim that could give you the justice you need. If your employer has done any of the following, it is likely that you are entitled to a claim:

• They are not paying you minimum wage
• They are not paying you overtime that you worked
• They don’t give you proper breaks or rests
• They did not give you payment for your vacation days
• You did not receive your commission or your tips
• They deducted from your paycheck without giving an explanation

If you’ve experienced any of the following, please know that this is protected under California law and you are absolutely entitled to speak to our Orange County unpaid wages lawyer and begin taking the proper steps to get justice for this wrongdoing.

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Filing an Unpaid Wages Claim

Like any litigation, the success of your claim often relies on documentation and evidence. It will make the process smoother if you are prepared with certain documentation to hand over to your lawyer. Here’s what you will likely need to start building a strong foundation for your claim:

• Your timesheet
• Your paystubs
• Any relevant documentation between you and your employer regarding the alleged unpaid wages
• In some cases, bounced checks

It is good practice for employers to keep either electronic or physical timesheets with all of your shift entries. You can either obtain it through your employer or pull it from your own personal records.

Your paystubs will obviously be a key point of interest because they will be the clear indicator of missing wages.

In instances where there was a bounced check because your employer didn’t have the funds to give you a paycheck, you want to hang onto that because it might be of relevance in your case. We will specifically ask you for that type of documentation when we begin.

Do you have written communication between you and your employer regarding this alleged unpaid wages incident? Please hang onto that. We will also like to see any employee contracts that you have with them, as this could be a relevance to your case.

Your claim will include all of the documents that you can provide. Your Orange County unpaid wages lawyer will take care of the hard parts, including putting together your claim properly and in a timely manner.

Minimum Wage Claims

California law protects you from being paid less than the state minimum wage. If you are receiving an hourly wage that is below California’s minimum wage, you are entitled to all of the money that you missed out from this under payment. We urge you to get in contact with us right away.

Every year the California minimum wage is set to increase until the year 2023. As of 2020, the minimum wage in the state of California was $13 an hour for companies with more than 25 employees and $12 an hour for companies with 25 or fewer employees. There are variations within the state of California, as some cities or counties may have different minimum wages. To fully understand whether or not your wages are below the minimum wage, please reach out to our Orange County unpaid wages lawyer to learn what the minimum wage is in your area and whether or not you are entitled to compensation for unpaid wages.

Overtime Claims

If you are an employee who is categorized as non-exempt, then you are entitled to receive overtime compensation. It is prohibited under California law to deny an employee overtime, hourly wages.

If you work a set number of hours per week and you put in extra time, you should be expected to receive your full hourly wages plus your overtime compensation. Here is what categorizes someone as a nonexempt employee who is entitled to overtime:

• You work eight or more hours per day
• You work 40 or more hours in a work week
• You work more than six days and one work week period

If you fall under this category station, then you should be entitled to overtime pay, which is time and a half of your normal hourly wage per hour.

Furthermore, if you are working more than 12 hours in a day or you are working more than eight hours on the seventh day of your work week, then your hourly rate should be paid double for your overtime work.

Overtime work may not be required but if you are someone who puts in overtime expecting to get proper payment and you are not receiving this, please reach out to our Orange County and paid wages lawyer as soon as you possibly can to discuss your case and your legal options.

Claims Regarding Breaks and Rests

Employees who are categorized as nonexempt are entitled to take breaks for resting, lunch, or other meals depending on the times that they work. This is enforced by California state law. California law says that you have to get a 30-minute break for meals or resting if you are giving more than five hours to your company per day. If you work over 10 hours a day, then you’re entitled break time is 60 total minutes broken up into 30-minute periods.

You are entitled to take rest breaks under the law of California if you are categorized as nonexempt and you work 3 1/2 or more hours a day. You can take 10-minute breaks for resting per four hours of work in a day.

If your employer is not allowing you to take these breaks or these lunches, they are in violation of California state law and you would be entitled to an unpaid wages claim. You will be entitled to an hour of your hourly wages for each break that you were not given.

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Claims for Working Off the Clock

If you are doing duties while you are off of the clock and it is more than your maximum number of hours that you work, then you will be entitled to overtime pay. If you are not receiving this, then you may be entitled to an unpaid wages claim.

Your employer is not allowed to ask you to do off the clock work without offering you compensation for it. It is wage theft if they are making you work and not paying you for that.

Work that is considered off the clock may include the following:

• Tasks to do before you clock in
• Tasks to do after you clock out before you go home
• Administrative tasks
• Tasks completed while you are on a break or during a rest period

If you do work like this, your compensation should be reflective of your hourly wages.

Please call us right away to get started.

Call Our Orange County Unpaid Wages Lawyer

If you are a victim of unpaid wages, please get in contact with our Orange County unpaid wages lawyer as soon as you possibly can. We will help you build your claim and fight for your justice. We care about you and your claim. We won’t settle for anything less than what is completely fair. Give us a call right away to get started.