Can You Sue Your Employer for Missing Wages?

You work hard for your money, yet your paycheck seems to be short of funds. Can you sue to recover the missing wages? Discover the answer from the legal team at D.Law. 

Reach out to our firm when you need a prominent Glendale employment lawyer to oversee a wage theft lawsuit and advocate for your legal right to fair payment. 

What Constitutes Missing Wages?

Employers may illegally withhold a worker’s earnings, so their paychecks are smaller and not representative of that employee’s true compensation. This could manifest in several ways, some of which may be so subtle that you might not even notice them at first. Common forms of wage theft include:

• Not awarding overtime pay: Eligible employees can make one and a half times their regular rate of pay if they work more than 8 hours a day or 40 hours in a standard work week. Businesses come under fire for violating labor laws regarding overtime pay. 
• Paying less than minimum wage: Hourly employees must receive at least minimum wage for their efforts. 
• Not receiving earnings on time: Workers should receive their earnings on a set date for a given pay period. Failing to be paid on time opens the possibility of filing a lawsuit. 
• Forcing employees to work off the clock: Those who punch a clock should always document when they’re working. Employers who require staff to work without clocking in are violating their workers’ rights. 

Keep detailed records of your pay stubs and make sure your compensation coincides with the hours in your work schedule. If they don’t, you may be able to sue your employer for wage theft. 

Who Has the Grounds for an Unpaid Wages Claim? Understanding Employee Classification

Can you sue for unpaid wages? The answer ultimately depends on your specific situation. An experienced employment lawyer can determine if businesses are making illegal deductions from paychecks or if employees are compensated fairly, depending on their employment agreement. 

Your unpaid wage claim could be dismissed according to the way your employer classifies your position. Take a closer look at the two main groups of workers below and their options for legal recourse. 

Non-Exempt Employees

Say your employment contract calls for you to work 40 hours per week, but your timesheet shows that you worked 43 hours instead. If you’re a non-exempt employee and receive the same amount as you would for only working 40 hours, you could file an unpaid overtime claim. 

This group of workers is entitled to overtime pay and the state or federal minimum wage in compliance with the California Labor Code and Fair Labor Standards Act. Businesses can’t violate wage and hour laws when paying non-exempt workers. If they do, the impacted staff have a right to take legal action. 

Common types of non-exempt employees include:

• Manufacturing workers
• Retail associates
• Food service staff

You can file an official wage complaint with California’s Labor Commissioner’s Office, but be mindful of filing deadlines. There is a two-year statute of limitations to act if your employer makes a verbal agreement to pay more than minimum wage. You have three years to speak up about missed meal periods, uncompensated sick leave or vacation time, and other violations of hour laws. 

Filing time limits go up to four years if you’re disputing issues found within a written contract. 

Exempt Employees

Can you sue for unpaid wages, such as missed overtime compensation? If you’re a salaried worker, also known as an exempt employee, you won’t be able to file a suit. 

Exempt workers often work in executive or other white-collar roles. They receive a fixed income and are ineligible for overtime pay, as well as minimum hourly wage requirements. 

How Federal and State Laws Protect Workers

The U.S. Department of Labor’s Wage and Hour Division spearheads workers’ rights at the federal level. This government agency allows non-exempt employees to make a claim for compensation theft and process back wages. 

The Equal Employment Opportunity Commission prevents businesses from discriminating against their staff. Discrimination could come in the form of compensating someone less due to their sex, race, religion, or other notable characteristic. 

California businesses must abide by federal law as well as regulations set by the state’s labor department. California law requires employers to do the following:

• Pay non-exempt workers 1.5 times their regular hourly rate for overtime hours.
• Avoid state minimum wage violations by paying at least $16.50 an hour as a base rate in 2025.
• Provide unpaid meal breaks during work days lasting longer than five hours.

Not only can you sue for unpaid wages, but you can also take action against your employer if you’re the victim of workplace sexual harassment, wrongful termination, or other serious issues. Labor laws protect you from retaliatory measures taken by your company if you speak out. 

What To Expect When You File a Lawsuit Against Your Employer

Do you need legal help? An employment lawyer can help you navigate the process of filing an unpaid wage claim. 

Attorneys gather evidence to back up your wage and hour claim. They’ll review your employment agreement, pay stubs, and other sensitive information regarding your compensation to strengthen your case. 

Depending on the amount of wages you need to recover, your case could go to small claims court. If unpaid wages affect multiple employees throughout your organization, consider filing a class action lawsuit. 

Attorneys will advocate for claimants to receive back pay, though settlements may also include punitive damages and money to cover their court costs. 

Consult an Unpaid Wage Claim Attorney for Assistance

Not only can you sue for unpaid wages, but you could recover back pay and additional damages with a reputable lawyer on your side. Turn to D.Law if you believe you have the grounds for an unpaid wages lawsuit in California.

We assist wage theft victims throughout the Golden State, with offices in San Diego, Glendale, Bakersfield, and other cities. Call (818) 275-5799 or connect with us online to schedule a consultation with our knowledgeable lawyers.