Do You Know the Types of Legal Compensation You Can Get for Wage Theft in California?

Employers in California have a duty to pay employees per certain legal standards. However, the unfortunate reality is that wage theft is quite common in California. Wage theft generally arises when an employer intentionally fails to fully pay its employees or pays its employees an unlawfully low wage. Fortunately, you have legal recourse if your California employer has failed to pay you all your wages or has paid you an illegally low wage. You can file a complaint against your employer and recover compensation. However, before filing a wage theft complaint against your employer, it is vital that you first understand the possible types of legal compensation you can get for wage theft in California. 

Legal Wage Requirements in California

Employers in California are prohibited from paying employees a wage that is below the minimum wage recognized by the state. Currently, the minimum wage in the state is $15 per hour for any employer with at least 26 employees and $14 per hour for any employer with less than 26 employees. However, the minimum wage in some cities and counties in California is higher. For example, the Alameda minimum wage is $15.75 per hour. 

However, it is crucial to note that on January 1, 2023, California’s minimum wage will increase to $15.50 per hour for all employers, small and large.

Employers in California are also required to abide by certain regulations when it comes to overtime pay. For instance, in California, employers are required to pay non-exempt employees overtime if they work for more than eight hours in a single workday or 40 hours in a workweek. And according to the law, the overtime rate is 1.5 times the base hourly rate.

Types of Legal Compensation You Can Get for Wage Theft in California

If your employer has failed to pay you based on the set regulations, you have the option of filing a claim against the employer and recovering compensation. The following are some of the damages and penalties you may be entitled to if your California employer has failed to pay you all your wages or has paid you an illegally low wage;

• Lost wages: If your employer has failed to pay you for some work hours, you will be awarded lost wages, also known as back pay. For instance, suppose you worked 45 hours “off the clock” for which you were not paid, and your hourly wage is $15. In such a case, you will be entitled to recover $675 in back pay. 
• Attorney’s fees: Depending on the circumstances, the judge may order your employer to pay for your legal fees associated with the claim.
• Interest: Your employer may be asked to pay any interest accrued on your missed wages. 
• Waiting time penalty: Your employer may be asked to pay an additional fine. This is usually up to 30 calendar days’ worth of wages.

Speak to a Qualified California Employment Lawyer Today

Has your employer refused to pay you your full wages? Is your employer paying you an illegally low wage? Are you considering taking legal action against your employer? Contact an experienced California employer lawyer near you to discuss your potential case.