1. Minimum wage: Least minimum wage as of January 1st, 2022 is $14 an hour for companies that have less than 26 workers and $15 an hour for others. There are specific cities in California that are required by law to have a higher minimum wage than the state requirement.
2. Overtime pay: Non-exempt employees need to be paid overtime for any hours they work exceeding 8 hours in a single workday and 40 hours in a workweek. The stipulated overtime rate is 1.5 times the base hourly rate. In addition, employers are also required to pay their employees at 1.5 times the regular rate for the first 8 hours on every 7th consecutive work day in a week.
Types of Available Compensation for Lost Wages
You can take your employer to court if they don’t pay as per according to the above-stated
terms. Your employer may be required to pay for all or any of the following damages:
- Unpaid wages: the employer would be required for compensating you in full for any
- Penalty for waiting time: The judge may ask the employer to pay an additional penalty
under California law. This can be equivalent to 30 days’ (calendar) worth of wages.
- Legal fees: The judge, under certain circumstances, may also order the employer to pay
for legal fees associated with the lawsuit
Penalty for Payday Law Violation
You may be able to collect penalties for violations of payday law if you file the lawsuit under the Private Attorneys General Act as a ‘private attorney general’. This means you would be filing on behalf of the state for to enforcing the California Labor Code. Employers are normally required to pay wages to their employees wages at least twice a month on designated paydays if they are eligible for earning overtime. The employer can be asked to pay a penalty of $100 (first pay period) and $200 (subsequent pay periods). This is a per employee penalty. You should know that the state gets to keep 75% of the compensation when filing as a private general attorney.
Talk to a Dedicated Employment Law Attorney Today
The penalties available to employees for filing a wage theft claim are significant in California. You should consider meeting the experienced employment attorneys at Walton Law if you believe your employer violated wage and hour laws. Schedule your free and confidential consultation with us today. Call (866) 338-7079 or write to us online.