Do I Have a Wage Claim?

As an employee, it doesn’t matter if the economy is robust or in a poor state, you deserve to receive all of your wages.

If you found yourself in a situation where your check was less than it was supposed to be and your employer is refusing to pay you the money that is due, or if you are having trouble obtaining the money that you are owed from a previous employer, then you may have a legitimate wage claim.

Wage claims cover a wide range of scenarios where an employee or a former employee has not received the money that he or she is legally entitled to under the law. Under California law, an employee / former employee has the right to file a wage claim for:

  • Unpaid wages, such as bonuses, commissions or overtime
  • Wages from a check that had insufficient funds
  • Unused vacation hours that weren’t paid when the worker quit / was fired / discharged
  • Unapproved deductions from the worker’s paycheck
  • Unpaid or unreimbursed business expenses
  • The failure to provide a meal or break under the law

In addition to the above, a wage claim may also recover:

  • Liquidated damages if an employer failed to provide minimum wage for each hour worked.
  • Penalties for the employer’s failure to pay final wages in a timely fashion after the employment relationship ended.
  • Penalties for an employer’s failure to allow for an inspection or for copying payroll records within 21 days of request.

Effective July 1, 2015, employees have the right to sick leave pay that was accrued during their employment and never used / paid for. Additionally, garment workers have certain unique rights and must file a garment wage claim.

Please note that it’s your employer’s legal responsibility to keep accurate records in regards to employee time and payroll and to provide you with pay stubs each time you are paid (they are at least required to do this semimonthly).

Filing a Wage Claim

If you believe that you have a claim, you are not required to provide your own time records, nor are you required to have all of the necessary documents, which may include: time records, paychecks, pay stubs, bounced checks, and notice of employment information. Your employer is required to maintain these records.

If you have been wronged by your employer, we want to help. Contact Alan Burton Newman, PLC to schedule a free case evaluation with our Harvard employment lawyer. As a no recovery, no fee law firm, you have everything to gain by contacting our firm!