Outline of a Lawsuit for Unpaid Wages Worth in California

Unpaid wages seriously inflicted harm to middle & lower class workers, which happen basically lack of attention from employment policymakers. But glad news is that in California federal Fair Labor Standards Act provides legal options to ensure employee’s rights because California is the most protective state for employees nationwide in America.

Even though unpaid wage is comparatively is new terms that are defined as psychological behaviors of employers, whose result the employees aren’t received their legally entitled wage. In the last decade, according to the progressive employment scholars, these terms are recognized as a form of wage theft by employers.

Whatever; if an employer fails to pay their employees legally entitled wage like minimum wage, overtime wage, or violated other payments, they can file a wage claim through an unpaid wage lawyer with the California Department of Labor Standards Enforcement (DLSE).

In that context, we will provide a comprehensive analysis of the unpaid wage claim worth, how to file a wage claim in California, even the current enforcement regime to address it.

The Most Relevant Wage Violations in California

Minimum Wage Violations:

The most vital applicable wage is the minimum wage for employees. According to California Labor Code Act, it is mandatory to pay. Even the California federal minimum wage of $7.25, which is determined by company shape and increasing every year.  If any employers refused to pay minimum wage, employees could take the legal steps.

Unpaid Overtime:

The most prevailing wage violation is unpaid overtime. In this case, the employer can’t pay the proper wage, where has the specific policy to pay overtime wage. If the employees work more than eight hours in a day or 40 hours in a week, they will get 1.5 times the basic salary rates to each hour.

However, all employees are not getting overtime- wages, such as executive employees, authority employees, and whose salary is more than double the minimum salary.

Paid Sick Leave:

Another crucial wage violation is the employer doesn’t provide paid sick leave, but it was legal right according to California Labor Code law in 2015. If any employee ill and can’t work, then they will receive one hour of paid sick leave for each 30-hour work.

How to File an Unpaid Wage Claim in California:

If you are facing an unpaid wage issue, then you can take some specific step. Firstly, you should make an initial report (DLSE Form 1), which you must file the Department of Labor Standards Enforcement (DLSE). Even DLSE Form, you can provide you detailed information about your workplace like your regular office times, your employer, and your wage claim details.

But the DLSE form has a variation, which depends on your type of wage claim. Such as if you claim to vary work hours-you required DLSE Form 55, and if you claim for unpaid vacation or unpaid commissions-you need DLSE Form 155.

However, you will file these DLSE forms on your native DLSE’s mandatory office. In that case, you can mail or in-person file the forms on the native office.

The Time Limitation for Filing the Claim:

According to California Federal Labor Code Act, If anyone victim of the unpaid wage violation, the must file a report among three years. The times from the day of file claim up to 3 years. When the employers paid employees more than minimum wage by her/his oral promise, employees can take time two years for filing a claim.

On the other hand, when the employer paid a wage based on written contact, employees can get times up to four years to file claims. In the reals, employees should submit a wage claim quickly so that they can easily be proven their allegation.