When To Hire a California Unfair Wages Attorney

Have you ever felt that you deserve to be paid more for your work or services? Do you feel cheated out of your proper compensation? Do you feel deprived when you finally get a look at your paycheck? If you do, then you may be a victim of unfair wages.

"Unfair" Wages May Also be Illegal

While generally, people may feel unsatisfied with what they may perceive to be a low salary, there are instances when these "unfair wages" can be deemed unlawful.

Minimum Wage Pay

Under the Fair Labor Standards Act (FLSA), workers must be paid the federal minimum wage of $7.25 per hour. However, since other states, like California have imposed their own minimum wage laws. In California, since January 1, 2008, the minimum wage in California is $8.00 per hour. Employees who are paid less than the minimum wage are given unfair wages and their employer will be liable under the law. However, the payment of minimum wage excludes employees who are exempt from the minimum wage law, such as outside salespersons, individuals who are the parent, spouse, or child of the employer, and apprentices.

Overtime Pay

Further under the FLSA, covered nonexempt employees should be paid overtime for hours worked over 40 per workweek at a rate not less than one and one-half times the regular rate of pay. While it is not required to be paid on work on weekends, holidays, or regular days of rest unless overtime is worked on such days, non-payment of overtime may be considered a wage claim.

Wage Garnishments

Under the Consumer Credit Protection Act (CCPA), an employee’s wage is protected as the amount of earnings that may be garnished in any workweek or pay period is limited to the lesser of 25 percent of the disposable earnings. Further, according to the California Department of Industrial Relations, employers can only lawfully withhold amounts from the employee’s wages when required to do so by law; when deduction is expressly authorized in writing by the employee; and when such deduction is for health, welfare or pension contributions.

Equal Pay

Under the Equal Pay Act, men and women in the same workplace be given equal pay for equal work. This includes other forms of pay and benefits such as salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, and reimbursement for travel expenses.

When to Talk to a Labor Attorney

If your employer or company is in violation of any of the following wage and hour laws, you may recover your lost income by hiring a California Unfair Wages Attorney. They will help you file a wage claim or a lawsuit in your behalf to help you receive the fair compensation you deserve.