My Employer Did Not Pay Me For My Work

In California, every worker has the undeniable right to be paid for the work they perform. When an employer fails to pay wages owed to employees or contractors, it is a serious violation of the California Labor Code and the Fair Employment and Housing Act (FEHA). California’s laws are designed to protect employees from wage theft and unfair labor practices, ensuring that all workers are fairly compensated for their time and effort. Employers who try to withhold or delay payments, whether intentionally or due to negligence, are breaking the law and may face significant legal consequences. If you find yourself in this situation, it’s essential to understand your rights, know the steps to take immediately, and explore the legal avenues available to recover the wages you’re owed. This guide will walk you through the essential actions to take when you discover you haven’t been paid, outline the legal protections in place for California employees, and show how Miracle Mile Law Group can help you seek justice and hold your employer accountable.

1. Confirm Your Payment Terms and Track Hours Worked

The first step is to confirm the details of your payment terms. Review any employment contracts, offer letters, or communication that outlines when and how you should be paid. Make sure you know your hourly rate, salary, or commission structure and track all the hours you worked. If you’re entitled to overtime pay, California law requires time-and-a-half for hours worked over 8 hours in a day or 40 hours in a week, and double-time for hours worked over 12 hours in a day. Keeping detailed records of your hours and payment terms is crucial for presenting a strong case if you need to pursue legal action.

2. Communicate Directly with Your Employer or Payroll Department

Once you’ve verified that you’re owed payment, try to address the issue directly with your employer. Reach out to the payroll department or your supervisor, and calmly ask about the status of your wages. Sometimes, payroll errors are simply administrative mistakes that can be quickly resolved. Be sure to document all communication in writing, such as emails or letters, so you have a record of your attempts to resolve the issue.

If your employer provides an explanation, make sure it aligns with California wage laws. Under the California Labor Code, employers must pay employees on scheduled paydays; delays or withholding wages without a valid reason is illegal.

3. Understand California’s Wage and Hour Laws

California has some of the strongest wage and hour laws in the nation, providing substantial protections for workers. Under California Labor Code Sections 201, 202, and 203, employees must receive all earned wages immediately upon termination. For those who quit, payment is due within 72 hours, or immediately if they provided 72 hours’ notice. These laws also stipulate penalties for employers who fail to pay wages on time.

The Fair Labor Standards Act (FLSA) also provides federal protections, although California laws often go beyond these minimum federal standards. If your employer has violated these laws, you may be eligible for additional compensation beyond your unpaid wages, such as waiting time penalties.

4. File a Wage Claim with the California Labor Commissioner

If informal attempts to resolve the issue are unsuccessful, you can file a wage claim with the California Division of Labor Standards Enforcement (DLSE), also known as the California Labor Commissioner’s Office. This process allows you to recover unpaid wages, including overtime and other compensation. The DLSE will conduct an investigation and may hold a hearing to determine whether you’re owed any payment.

Filing a wage claim can be done online, in person, or by mail, and it is generally free. You’ll need to provide as much documentation as possible, including pay stubs, timesheets, emails, or other relevant records. It’s crucial to be thorough, as this evidence will support your claim and help the DLSE assess your case.

5. Consider Legal Action for Unpaid Wages

If your employer contests the claim or refuses to cooperate with the DLSE, you may need to take further action. Under California law, you have the right to file a lawsuit for unpaid wages, and this is where working with an experienced employment attorney can make a significant difference. By filing a legal claim, you may be eligible not only to recover the wages owed to you but also to receive additional damages, such as interest, attorney’s fees, and waiting time penalties.

For instance, Labor Code Section 203 mandates penalties for each day your wages remain unpaid, up to a maximum of 30 days. In cases of willful wage withholding, this additional penalty can provide substantial compensation for the inconvenience caused by the employer’s failure to pay.

How an Employment Attorney Can Help

Navigating wage claims can be complex, especially if your employer attempts to deny responsibility or uses delay tactics. An experienced employment attorney at Miracle Mile Law Group can:

• Evaluate Your Case: We can review your payment terms, records, and documentation to build a strong case.
• Guide You Through the Process: We’ll help you understand your rights and walk you through every step, including filing claims and pursuing legal action if necessary.
• Represent You in Legal Proceedings: Should your case go to trial or require a hearing, we will represent you and present the strongest possible case.
• Pursue Additional Compensation: Beyond recovering unpaid wages, we will seek additional damages on your behalf, such as waiting time penalties, interest, and reimbursement of legal fees.
• Hold Employers Accountable: We’ll make sure your employer is held accountable for their obligations under California law and does not continue to exploit other employees in similar ways.

Conclusion: Get the Compensation You Deserve with Miracle Mile Law Group

If you haven’t been paid by your employer, you have legal rights and options to recover your wages. Miracle Mile Law Group’s experienced employment attorneys understand California’s complex wage and hour laws and are dedicated to fighting for employees who have been denied fair compensation. Don’t let your employer get away with unlawful wage practices—contact us today for a free consultation and let us help you secure the payment and justice you deserve.