What To Do If Your Employer Doesn’t Pay You on Time

You work hard to earn a living, but your paychecks often seem to arrive late or fail to include your full wages. What do you do if your employer doesn’t pay you? This situation may require the help of an employment attorney in California. 

Learn more about your rights regarding unpaid wages and your options for recovering your earnings. Use the information below as a guide and don’t hesitate to contact an employment attorney for a personalized legal strategy. 

Workers Have the Right to Fair, Full Wages

Withholding one’s salary could be considered a form of wage theft and may violate the Fair Labor Standards Act. This federal law outlines all of the rights that employees have regarding pay, including:

• Earning at least the state or federal minimum wage per hour, whichever is higher;
• Receiving tip credits, if eligible;
• Being paid 1.5 times the regular pay rate for working more than 40 hours a week under federal law, or more than 8 hours a day under California law (non-exempt employees only)

The Wage and Hour Division of the U.S. Department of Labor and California Labor Commissioner’s Office (DLSE) enforce these rules and can investigate any reported incidents of wage theft. If you believe your employer is in violation of federal labor laws, it’s time to review your options. You may have grounds to file an unpaid wage claim and take legal action against your employer in California. 

How To Tell If Your Employer Is Committing Wage Theft

What do you do if your employer doesn’t pay you on time? What if your paycheck doesn’t include your full wages? There may be a simple explanation for these scenarios that doesn’t violate labor laws. 

Perhaps your company’s payroll system experiences an error that prevents you from being paid on time. Your employer may be aware of the issue and give an updated timeframe for receiving your paycheck. A one-time issue like this usually isn’t cause for concern. 

Say you’re a salaried employee who receives the same amount of compensation for each pay period. Then, you notice a slight deduction in your paycheck. Your new pay rate could reflect certain voluntary deductions, such as retirement account contributions or recent enrollment in other employer-provided benefits like health insurance. 

Monitor your pay stubs and take note of any unexplained changes to your salary. Your employer may be committing wage theft if you regularly work over 40 hours as a non-exempt employee but never receive overtime pay. If you quit your job but never receive a final paycheck for your last days of work, this is also a form of illegally withholding wages. 

Four Steps for Addressing Unpaid Wage Issues

Under state and federal laws, you’re entitled to compensation from your employer. So, what do you do if your employer doesn’t pay you on time or your full salary? Pointing out unpaid wages can seem intimidating, but you have options. Consider the following steps if you’re a victim of wage theft. 

1. Tell Your Boss

As mentioned above, your unpaid wages may be due to an administrative error. However, your supervisor may not be aware of the issue. If your paycheck doesn’t arrive on time or excludes a portion of your earnings, bring it to your boss’s attention. 

After telling them, they could soon resolve the problem and provide you with your appropriate wages. If you don’t feel comfortable raising the issue with your supervisor, consider speaking to a human resources representative. 

2. Consult a Lawyer

What do you do if your employer doesn’t pay you after you tell them about unpaid wages? It’s now time to consider your legal options. Consult an employment attorney with experience handling unpaid wage claims. 

They could help you understand your rights, review evidence supporting your claim, and guide you through legal proceedings, if necessary. 

3. Issue a Formal Complaint

Regulatory labor boards exist to enforce rules established by state and federal labor departments. You could issue a formal complaint against your employer to the California Labor Commissioner’s Office (DLSE) and Wage and Hour Division of the U.S. Department of Labor. Another option is to report the issue to the California Labor Commissioner’s Office. 

Formal complaints trigger investigations into your employer’s activities, which may reveal violations of labor laws. 

4. File a Lawsuit

Your lawyer may recommend suing your employer. Filing a civil lawsuit for unpaid wages may result in compensatory damages, including back pay. However, outcomes vary, and financial compensation is never certain. 

You’ll need evidence supporting your claim, such as:

• Pay stubs
• Workplace time sheets
• Texts or emails detailing your pay

Please note that there are specific filing deadlines for wage theft lawsuits. California workers typically have up to three years to file a suit against their employer, depending on the nature of the claim.  

Can You Be Fired for Reporting Wage Theft Concerns?

What do you do if your employer doesn’t pay you, you report them, and they then fire you? This situation may seem extreme, but it’s a common concern that prevents many laborers from speaking up. Reporting wage issues can seem frightening, but certain protections are in place. 

When you file a complaint with the Wage and Hours Division, your report will remain confidential. Your employer may be aware of the complaint and investigation, but officials typically don’t reveal the victim’s identity. 

Consider speaking with HR before filing a complaint. The company could then deduce that you were likely the one who reported them and was subsequently fired. By doing so, the company could violate anti-retaliation laws. 

An employment lawyer can help you make sense of your rights and, if necessary, take legal action against your employer. 

Consult a California Employment Attorney About Filing an Unpaid Wage Claim

Some people believe that talking about pay isn’t acceptable, but when it comes to unpaid wages, it’s crucial that you speak up. Now that you know what to do if an employer doesn’t pay you fairly, evaluate your options with D.Law. We have a robust team of attorneys and offices throughout California. 

Our legal counsel handles a wide range of employment cases, including claims for unpaid wages. To schedule a consultation, give us a call at (818) 275-5799.