What You Need to Know About Unpaid Wages
UNPAID WAGES
You deserve timely payment of all wages and commissions, and California law requires it.
YOU HAVE RIGHTS
Even if your employer pays you a salary, says you are exempt or are an independent contractor, you may be eligible for over time pay.
REQUEST A WAGE DISPUTE ATTORNEY EVALUATION
If you suspect you are owed unpaid wages, you should request a wage dispute attorney evaluation if your employer:
Refuses to pay overtime compensation
1.
Refuses to pay you for all hours worked.
2.
Withholds sales commissions
3.
What if my employer says I am exempt from overtime pay?
CALIFORNIA OVERTIME LAWS
Of U.S. workers are paid hourly wages.
59
PERCENT
NON-EXEMPT WORKERS AND OVERTIMES RATES
Regular pay for all hours worked over eight in a day or 40 in one workweek
1.5
TIMES
NON-EXEMPT EMPLOYEES MUST RECEIVE
Regular pay for all hours worked over 12 in any one workday
2.0
TIMES
NON-EXEMPT EMPLOYEES MUST RECEIVE
OVERTIME LAWS AND EXEMPTIONS
While exemption lines can be blurry, come common classifications include the following
1. Management "Executive" Exemption
2. High-level individuals "Administrative" Exemption
3. Those with advanced degrees, actors and artists "Professional" Exemption
COMMON EXEMPTIONS
FOUR EXAMPLES
OF INCORRECT EXEMPTIONS
EXECUTIVE IN NAME ONLY
A "store manager" who supervises a few employees and is paid a fixed salary but spends more than half her time stocking shelves and helping customers
INSIDE SALESPERSONS
A highly-paid salesperson who spends more than half his time inside the office and earns less than half his income from commission
COMPUTER PROFESSIONALS
An I.T. person who earns a high salary but spends most of her time doing tech support. I.T. people outside of tech support may not be exempt either
HIGHLY PAID ADMINISTRATIVE STAFF
The Administrative exemption applies to non-managers who perform independent, strategic work. An executive assistant earning $90,000 per year is likely not exempt.
What if I am told I am an independent contractor?
California’s employers are some of the largest abusers of independent contractor status.
HAVE I BEEN MISCLASSIFIED?
The primary factor in determining whether you are employee is your employer's "right to control" your work. The less control you have, the more likely it is you have been misclassified
Questions to ask when determining classification:
Do you have to work at a specific time and place?
2.
1.
Experience. Empathy. Empowerment
Did you receive training and how closely are you directed?
Questions to ask when determining classification:
Does your employment end at a certain date?
4.
3.
Experience. Empathy. Empowerment
Are you paid a salary?
You can tip the balance of power in your favor and take on powerful employers and receive the pay you deserve.
YOU HAVE OPTIONS
“
The best part of my work is helping employees who have been treated unfairly obtain justice.
- Bryan McCormack
Our guarantee: you will receive personalized service every step of the way.