Am I A Victim Of Wage Theft?

Wage theft happens when an employer does not pay an employee the money the worker has rightfully earned. This type of theft is more common than you might think: last year, more than 19,000 workers filed wage claims in California. The good news is that they reclaimed at least $338 million in lost or stolen wages last year.

Sometimes wage theft is obvious. At other times, it can be harder to recognize.

You May Be A Victim Of Wage Theft If…

You might be a victim if your employer has done one or more of the following:

• Pays you less than the minimum wage
• Fails to pay you for overtime or not paying the correct overtime rates
• Misclassifies you as an independent contractor so they can avoid paying you overtime or medical benefits
• Takes unauthorized deductions from your paycheck
• Denied you paid sick leave or paid vacations
• Doesn’t allow you to take legally required rest and meal breaks, or not compensating you for these breaks
• Makes you work “off the clock,” or without pay
• Fails to provide accurate and itemized wage statements with your paychecks, also known as paystub violations
• Takes your tips
• Withholds your final paycheck or doesn’t pay you all of your wages when you quit or are terminated from a job
• Didn’t issue pay in a timely manner

You may be at a higher risk if you are a minority, an immigrant, don’t have a diploma or degree, or are unfamiliar with the law.

Employers Can Get Into Serious Trouble For Committing It

Wage theft used to be a misdemeanor, which means it wasn’t a criminal offense. Employers who committed it could simply pay a fine or repay the worker and all would be forgiven.

It was once a misdemeanor in the State of California. A recent change to the state’s law, known as Penal Code 487m PC, makes wage theft a crime. If the unpaid and/or underpaid wages exceed $950, the state may charge the employer with grand theft, which is a felony.

Employers convicted of wage theft face serious consequences. They could spend up to 3 years in prison, for example, pay fines up to $10,000, and pay the employee(s) the wages they stole.

Do You Think You Are A Victim Of Wage Theft? Contact Your California Employment Attorney At D.Law!

Wage theft is just plain wrong – and it’s against the law in California! If you believe your employer has stolen your wages, our employment attorney can help you reclaim your pay. Our attorneys are well-versed in California employment law and workers’ rights and can help you get the pay you earned while working in the Bay Area, San Diego, Fresno, Los Angeles, and other CA cities. Contact us today to learn more about your rights in the workplace.