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What types of damages can I get in a wage claim against my employer?
Wage theft in California may include the failure to pay all due wages and overtime; not paying all hours worked; not providing meal and rest breaks; failure to pay commissions or improperly changing a bona fide commissions plan after performance conditions were met; and any other violation of state law or failure to provide all promised compensation. Purely discretionary annual bonuses that are not part of a commission are usually not covered however.
Employees who file wage claims can recover their unpaid wages, overtime, and commissions. In addition they can recover interest to date on the unpaid wages, and a variety of penalties. The most common penalties include a flat penalty for every time the employer provides an inaccurate wage statement, and an extra thirty days of pay if the employer hasn’t paid all due wages upon employment termination. In lawsuits that involve a systemic failure to provide meal or rest breaks, workers may recover one hour of additional pay for day the break wasn’t permitted, plus interest and penalties. Although there are no punitive damages or emotional distress damages available in a case that only involves unpaid wages, the employee might be able to obtain additional “liquidated damages” effectively doubling the amount unpaid wages if the employer cannot show it made an error in good faith.
Additional damages and penalties may be possible depending on the specific facts of your situation. A skilled employment lawyer can advise you how to maximize the amount of your recovery.
McCormack Law Firm is here to hold your employer accountable for unpaid wages. Contact us today to speak with an experienced San Francisco employment lawyer. We can help you understand your options for pursuing damages.
Other Unpaid Wage, Overtime & Commission FAQs:
- Am I entitled to meal breaks and rest breaks if I am working remotely?
- Are computer programmers and tech workers exempt from overtime?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can salaried workers earn overtime in California?
- Do I still get overtime if I am a commissioned salesperson?
- Does my employer have to pay me for off-the-clock work?
- Does my employer have to reimburse me for work expenses?
- How can a lawyer help with my claim for unpaid wages?
- How can I protect myself from wage theft?
- How can I tell if I am an independent contractor?
- How do I file a claim for unpaid wages?
- How do I know if I am entitled to overtime pay?
- How do I know if my employer needs to pay me overtime?
- How is overtime pay calculated in California?
- How much time do I have to file a wage claim in California?
- How much time do I have to file an overtime claim?
- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to deduct anything from my paycheck?
- Is my employer allowed to deduct tips from my paycheck?
- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- My employer is forcing me to work through meal breaks. What should I do?
- What are my rights regarding my final paycheck once I quit my job?
- What are some examples of wage theft?
- What are the main differences between an independent contractor and an employee?
- What is an exempt and non-exempt employee?
- What is the minimum wage in California?
- What should I do if I suspect my employer is withholding wages?
- What should I do if my boss asks me to work off the clock?
- What types of damages can I get in a wage claim against my employer?
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This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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