Wage theft is a serious, often hidden, problem that costs California workers billions annually. This abuse is widespread even though it’s illegal for employers to withhold the pay you rightfully earned. You deserve every penny you work for.
Experienced employment law attorneys understand the methods employers use to steal your pay and can help you take essential steps to fight back.
How employers steal from you
Companies use several tactics to deny you fair compensation. California’s laws are strict, but they only protect you if enforced. Wage theft includes:
- Failure to pay overtime: Employers must pay time-and-a-half for all hours over eight up to and including 12 in one day, and for the initial eight hours on the seventh workday in a row. You get double-time pay for working over twelve hours a day and for any hours exceeding eight on the seventh workday in a row.
- Skipping mandated breaks: When employers deny a required meal period or rest period, they must pay a penalty of one additional hour of pay at the worker’s regular rate for each workday not providing a meal period, and one additional hour of pay for each workday without a rest period (a maximum of two hours of premium pay per workday).
- Employee misclassification: Some employers illegally label employees as independent contractors, or “1099 workers,” to avoid paying payroll taxes, overtime and benefits. You are presumed to be an employee unless the company can prove you meet all three parts of the “ABC Test,” one part of which is that you are free from the company’s control over how you perform your work.
- Unreimbursed expenses: Your employer must reimburse you for necessary business expenses, including mileage for required driving or costs for using your personal cellphone for work.
Your employer must maintain accurate pay records. However, you should still keep your own detailed records.
3 steps to get your wages back
Don’t wait to demand the pay you earned. Take these steps immediately to combat wage theft and secure your recovery.
Step 1: Gather evidence
Documentation is your shield and your sword. You must collect and secure detailed records to prove your case, including:
- Keep personal time logs that show your exact start and stop times.
- Save copies of pay stubs, emails, and text messages about work assignments or pay.
- Keep receipts for all job-related expenses you paid.
Step 2: File a claim with the DIR
The official first step is filing a wage claim with the California Department of Industrial Relations (DIR), also known as the Labor Commissioner’s Office, or filing a civil lawsuit in court. However, you generally must choose one path or the other. Either action formally puts your employer on notice.
Step 3: Seek legal counsel
A skilled California employment attorney can evaluate your claim and fight on your behalf by forcefully pursuing the full compensation your employer owes you. Your lawyer can also shield you from retaliation.
While you should act promptly, be aware that California’s deadline to file most wage claims is three years from the date the wages were due, with a four-year limit for claims based on a written contract.
Wage theft is primarily a civil violation subject to substantial penalties, and in cases of intentional and high-value theft, it can also be prosecuted as a crime (grand theft). If your employer stole your wages, an aggressive wage and hour law attorney can help you take control and demand justice.