Unpaid Wages and Overtime
At Work Lawyers PC, we are experienced in fighting for all the wages you are owed. Under California Law, all employees should receive every minute of work performed and every bonus or commission they have earned. California law has strict requirements on the payment of wages and imposes significant penalties on the late payment of wages.
Late Payment of Wages is Illegal
Generally, wages must be paid twice a month. Only those properly classified as an exempt salaried employee can be paid once per month. Employees who have been terminated must be paid on the same day. Employees who have resigned without notice must be paid within 72 hours of resignation. Employers who fail to pay earned wages on time could be liable for penalties, interest and attorneys fees.
Unpaid Sales Commissions and Bonuses
Under California law, commissions and bonuses earned by an employee generally must be paid promptly or paid according to the commission agreement signed between an employer and an employee. Under California law, an employer must have a written agreement detailing the terms of any commission pay. If an employee is supposed to receive commission pay but does not, an employer can be liable for the unpaid wages, penalties, interest and attorney’s fees.
Common Examples of Unpaid Commissions and Bonus Payments
In our experience, employees commissions payments often have the following legal violations:
- Commissions are not fully paid due to an unfair or illegal agreement even though all work has been done to earn a commission
- Bonuses have not been paid even though all work has been done to earn the bonus
- Bonuses that are reduced due to unlawful “draws” or “advances”
- Employer demands that an employee return paid commissions due to a calculation error.
- Commissions are not fully paid and the employer refuses to provide documents or evidence to support their calculation.
Common Examples of Unpaid Wages and Overtime
- Taking group meetings before the start of work off the clock
- Not being paid 1 ½ times your regular rate of pay for any work over 8 hours per day or 40 hours per week
- Forcing employees to wash and clean their own company uniforms without compensation
- Forcing an employee to respond to emails or phone calls after work hours
- Overtime is not paid because an employee is misclassified as a salaried employee.
- Not paying for travel time between job sites
- Overtime is not paid because an employer rounds down time entries to 8 hours of work
- All work time is not paid because an employer rounds up time entries to the next nearest 10 or 15 minutes
- Employees must stand in a long security check line after they have clocked out of work
Contact us for a free and confidential consultation about your unpaid wages
Get what you are owed and stop wage theft now. Work Lawyers PC has collected millions of dollars on behalf of California employees.
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