Since our founding, we have represented employees in a wide variety of “failure to pay wages” claims and have defended Companies facing those same claims. California has a strong public policy in favor of the prompt and full payment of wages (the term “wages” is broadly defined and includes “bonuses” and “commissions”). This public policy is backed by statutes and case law, which provide severe penalties in the form of waiting time penalties, interest, cost reimbursements, and attorneys’ fees.
Many clients and potential clients on the employee side mistakenly believe that they have no valid claims because California is an “at will” state. Similarly, many clients and potential clients on the Company side mistakenly believe that they are litigation proof because California is an “at will” state. Both are wrong.
“Failure to pay wages” is similar to a failure to pay bonus legally. In practice however, a failure to pay wages often is focused on (1) a failure to properly record hours and pay the agree regular rate; (2) misclassification; (3) failure to pay overtime or the incorrect amount of overtime; (4) failure to pay out accrued vacation or (5) failure to provide meal or rest breaks, or a combination of some or all of these.
If you believe that employer has failed to pay your wages in full and on time, or if your Company is facing a claim for unpaid wages, you need to act quickly. Please take advantage of our FREE online case submission below and call us today to start a conversation.