Your leader should pay you at your regular rate of get hold of all of the non-overtime hours you're employed. And, if you're employed overtime hours, your leader should pay you at the overtime premium rate. Can I sue my employer for not paying me correctly in California? If you’re owed regular or overtime pay from your leader, you'll recover the unpaid wages, interest on the unpaid quantity, and, in some circumstances, penalties that the law needs the leader to pay. The Nakase Law Firm has good amount of the best lawyers for employees and employment lawyers in California, skilled unpaid wages, sexual discrimination, and racial discrimination.
Employers should pay all workers a minimum of salary (for restricted exceptions, see Nolo’s article, once should Employers Pay the Minimum Wage?). Workers should be paid a minimum of the federal salary, or the state or native salary, if either one is above the federal salary. Of course, if a leader and worker agree on a rate that's above the salary (typically in a contract or provide letter), the leader should pay that rate.
When a leader fails to pay a worker the applicable salary or the wage for all hours worked, the worker features a legal claim for damages against the leader. To recover the unpaid wages, the worker will either bring a case in court or file a body claim with the state’s DoL.
If you're employed overtime hours, you're entitled to pay at the next rate than your regular hourly wage. Below federal law, a worker who works quite forty hours in a very work time is entitled to overtime get hold of those hours. (Some states have their own overtime laws that supply further rights; to find out additional, choose your state from Nolo’s Wage and Hour Laws in Your State page.)
When your leader fails to pay the overtime premium, you'll have a legal claim that you simply will pursue against the leader. For additional data regarding overtime pay normally, see Overtime Pay: Your Rights as a worker.
The amount of cash you'll recover in your demand or case against an leader is named “damages.” The damages you'll win if you reach your action against your leader constitute some totally different classes that are delineating below. (For state-specific data, see our articles on the way to calculate your demand by state.)
First, you'll be entitled to your unpaid wages. A worker who is booming in a very demand or case are going to be awarded the quantity of wages that the leader did not pay. This includes any overtime premium that wasn't paid. If your leader paid you regular wages for overtime hours, you'll be awarded the distinction between the regular wages you were paid and also the overtime premium you ought to be paid.
Second, you'll be entitled to a present of interest on the unpaid wages at a rate set by law. State laws can set the rate of interest for unpaid wages or overtime due below state law. Or, rather than interest, you'll be able to recover a total known as “liquidated damages.” (Under federal wage laws, liquidated damages are cash amounts set beforehand by law, awarded to workers in position of interest). If your leader acted “willfully,” that is, not in honesty, it should get to pay double the unpaid wage quantity because of you as liquidated damages below federal law.
Many state laws need employers to pay a penalty of some kind additionally to the unpaid wages due. As an example, California law needs an employer to pay a “waiting time” penalty up to thirty days of the employee’s unpaid wages.
Your employer additionally should pay your attorney’s fees if you win your wage or overtime case, together with the prices of following the case.
Enforce Your Rights
It may appear straight-forward enough to sue your leader for unpaid wages. If your demand is straightforward and comparatively tiny, you'll be able to pursue the claim on your own by filing a grievance along with your state’s DoL. But, if your case is giant or advanced, you'll wish to rent a lawyer to represent you. If you’re unsure of the simplest route to require, you ought to check with an employment attorney who will assess your case and decipher the simplest thanks to recover what you're owed.