Employees have the right to be paid fairly for their work, including receiving proper wages and overtime pay. However, some employers fail to comply with wage and hour laws, leading to disputes over unpaid wages.
If you believe you have been underpaid, it’s important to know how to calculate your unpaid wages and gather the necessary timekeeping records to support your claim. Contact PLBH at (800) 435-7542 for a free legal consultation.
Understanding Wage, Hour, and Overtime Laws
Both federal and state laws regulate how employers must compensate employees for their work. California has some of the strongest labor protections in the country, ensuring workers are paid fairly for their time and efforts.
Key Wage and Hour Laws That Protect Workers
- Minimum Wage Requirements: Employers must pay at least the state-mandated minimum wage, which may be higher than the federal minimum wage.
- Overtime Pay Rules: Employees who work more than 8 hours in a day or 40 hours in a week must receive overtime pay, usually at 1.5 times their regular hourly rate.
- Meal and Rest Breaks: Employees are entitled to meal and rest breaks during their shifts. Failure to provide these breaks can result in additional wages owed.
- Off-the-Clock Work Protections: Employers cannot require employees to work off the clock without compensation, including tasks performed before or after shifts.
How to Calculate Unpaid Wages and Overtime
If you suspect that you have not been paid correctly, it’s crucial to determine the amount of unpaid wages owed to you.
1. Determine Your Regular Pay Rate
Start by identifying your agreed-upon hourly wage or salary. If you receive tips or commissions, include those in your calculations based on how they should have been applied under wage laws.
2. Calculate Unpaid Regular Wages
If your employer has failed to pay you for certain hours worked, multiply the missing hours by your regular hourly rate.
Example:
- Hourly wage: $20
- Unpaid hours: 10
- Unpaid wages owed: 10 hours x $20 = $200
3. Calculate Unpaid Overtime Wages
If you worked overtime but were not properly compensated, use the appropriate overtime rate:
- Time-and-a-half (1.5x pay): Applies for hours worked over 8 in a day or 40 in a week.
- Double time (2x pay): Applies for hours worked over 12 in a day.
Example:
- Hourly wage: $20
- Unpaid overtime hours: 5
- Overtime rate: 1.5 x $20 = $30 per hour
- Unpaid overtime wages owed: 5 hours x $30 = $150
4. Include Meal and Rest Break Violations
If your employer failed to provide legally required meal or rest breaks, you may be entitled to additional compensation. Each missed break typically results in an extra hour of pay at your regular rate.
Gathering Timekeeping Records for Your Claim
To strengthen your wage and hour dispute claim, you need strong documentation of the hours you worked and what you were paid.
1. Collect Your Pay Stubs and Payroll Records
Your pay stubs should show the number of hours worked, overtime pay, and any deductions. If you notice discrepancies, they can serve as evidence of wage violations.
2. Review Employer Timekeeping Records
Employers are required to maintain accurate records of employees’ work hours. You have the right to request access to these records to verify whether your hours were logged correctly.
3. Keep Your Own Work Hour Records
If you suspect wage theft, start keeping detailed records of your work hours. Use a notebook, a work log app, or email yourself daily records of start and end times, breaks taken, and any extra hours worked.
4. Gather Witness Statements
If coworkers also experienced wage issues, their statements can support your claim. Witnesses can confirm hours worked, break violations, or other unfair wage practices.
5. Save Emails, Texts, or Written Instructions
Any written communication about your schedule, overtime, or pay disputes can be valuable evidence. Keep copies of any messages from your employer regarding work hours or wage concerns.
What to Do If Your Employer Owes You Unpaid Wages
If you believe your employer has failed to pay you correctly, you have legal options to recover your unpaid wages.
1. Speak with Your Employer
Sometimes, wage disputes arise from misunderstandings or payroll errors. Bringing the issue to your employer’s attention may lead to a resolution without further action.
2. File a Wage Claim with the Labor Commissioner
If your employer refuses to correct the issue, you can file a wage claim with the California Labor Commissioner’s Office. This agency investigates wage theft claims and can help recover unpaid wages.
3. Seek Legal Representation
If your employer has engaged in ongoing wage violations, an experienced employment attorney can help you file a lawsuit to recover wages, penalties, and damages.
Protect Your Rights and Recover Unpaid Wages
If you believe your employer has failed to pay you fairly, you don’t have to fight alone. Contact PLBH at (800) 435-7542 to discuss your case and take legal action to recover the wages you’re owed.