D.Law: California’s Professional Employment Law Attorney

When an employee accepts a job position, they do so under the impression that they will receive the previously discussed payment according to the proper schedule. When an employer fails to pay an employee on time, the employee can take measures to uphold their rights to fair pay. 

D.Law discusses what workers should do if an employer doesn’t pay them. The law firm represents clients facing various employment issues, from maternity leave rights violations to employer retaliation. 

Understanding Workplace Wage Rights in California

Under the Fair Labor Standards Act (FLSA) and other applicable state and federal laws, California workers have several rights regarding wages and hours:

• The right to earn at least the federal or state minimum wage, whichever is higher

• The right to receive 1.5 times their regular pay rate for overtime

• The right to the agreed-upon wages, unless the employer provides advance written notice of the reduction in their compensation 

• The right to wages paid at least twice during each calendar month and within seven days of the pay period’s end, with some exceptions 

• The right to final paychecks immediately for fired employees or within 72 hours for those who quit with less than a 72-hour notice

Employers are permitted to reduce a worker’s pay rate for virtually any reason as long as they provide clear, advance written notice. The main exceptions are reasons that are discriminatory, retaliatory, or in violation of the employee’s contract. An employer also cannot reduce a worker’s pay below minimum wage or lower their wages retroactively. 

Determining Whether the Missing Payment Was Wage Theft 

When an employer does not pay a worker, the next step is not always for the worker to file a wage theft claim. There may be an innocuous reason behind the delayed payment. Sometimes, if the worker talks to their employer, they can resolve the issue without further action. 

Simple explanations for missing or incorrect paychecks may include:

• An issue with the company’s payroll system

• Changes to voluntary deductions, such as retirement account contributions

• A simple error on the employer’s part that they are happy to correct promptly

However, if the employer fails to correct the issue in a timely manner or claims that they did not make an error that the worker clearly can see is incorrect, the worker may have grounds to file a wage complaint. 

What To Do if Your Employer Doesn’t Pay You on Time in California

Unpaid wages or incorrect paychecks should prompt a worker to take these steps:

1. Talk to their boss about the issue and seek to resolve it. If the employer does not resolve the issue promptly, the worker can move on to the next step.

2. Speak with an employment lawyer about their legal options. 

3. File a formal wage complaint with the California Labor Department

4. File an employment lawsuit, if applicable

An employment lawyer from D.Law can provide guidance through this process. 

D.Law Represents California Workers Through Wage Theft Claims 

D.Law represents workers facing unpaid wages. For those wondering what to do if an employer doesn’t pay them, contacting the employment law attorneys at 818-275-5799 can provide further guidance. 

Contact Information:

Davtyan Law Firm, Inc.

400 N Brand Blvd 7th Floor, Glendale, CA 91203
Glendale, CA 91203
United States

Emil Davtyan
(818) 875-2008
https://d.law/