Knowledge & Evidence
In order to get compensation for a wage and hour violation, you need two things: you must know how state and federal wage and hour laws apply to you, and you must be able to prove how much you have worked and how much you have been paid.
What you're going to find is this isn't as crazy as it might first appear. The hardest part is knowing what to look for. That is, how employer's regularly try and get away with not paying workers all of the wages they are owed.
How to Gather Evidence for a Wage and Hour Claim
It is vital that you have concrete proof that your employer owes you wages that you have not received. Usually, this can be done in the following ways:
This is the first place to start. In order to know if you've been paid all of the wages you're owed you should first check what you have been paid for.
Keep detailed records of the hours you work:
You shouldn’t rely on just your pay stub to tell you when and where you worked. Always keep your own schedule in a separate calendar that can be used to double-check your hours against your employer’s records.
If you haven't done this - that's okay.
What you're looking for here is to see if you're employer has paid you for all of the time that you worked. A lot of company's will shave time. That is, not count a few minutes here and a few minutes here.
Another thing company's will do is deduct for meal periods when you're not really relieved of all duties. Which is illegal under California law.
Gather any additional evidence:
Last-minute schedule changes and shift-swapping can cause confusion in payroll, but that doesn’t excuse an employer from paying your wages. If you traded shifts or worked at an alternate location, contact the other employee or manager who can confirm the time you worked.
Check your classification:
Some employees are ineligible for overtime based on the income they earn or the tasks they perform. If your employer has classified you as exempt when you are not, you could be owed back pay dating all the way back to your hire date.
Check additional pay categories:
Employers are required to pay workers for any unused vacation or paid time off after a worker leaves employment, so always make sure your leave balances have been accounted for.
Take note of dates:
Not only are employees entitled to full and accurate pay, they have a right to receive these payments within a reasonable amount of time. Check your calendar closely to see if you could be owed interest on your unpaid wages as well as an additional waiting time penalty.
After you have collected this evidence, you should speak with an attorney to determine if you have a valid wage and hour claim. Under California law, you can collect unpaid overtime for up to three years prior to the date you file your claim, so it is vital that you act quickly. Please feel free to use our website to learn how to get proper compensation under California pay laws.
Not getting paid meal period and rest period premiums
Under California law, you're entitled to getting paid an hour's pay when you're not provided a legal meal period or rest break. Click here for an in depth article on California's rest beak laws.
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Why Bill is asked to testify concerning wage law legislation at the California State Senate and the California Assembly
Bill Turley is regularly asked to testify before the California State Senate and the California Assembly concerning potential wage legislation. The California legislature is how wage laws are made.
Usually when Bill testifies before the California State Senate on wage and hour issues, Bill is the only class action lawyer invited to testify at the hearing.
Bill testifies regularly before the California State Assembly and California State Senate on the new PAGA bill (read: wage theft legislation).
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Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation.