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 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?