Uploaded on Oct 27, 2022
Types Of Legal Compensation Employees Can Get For Wage Theft
Types Of Legal Compensation Employees Can Get For Wage Theft?
Employers have an obligation to pay their employees as per certain legal standards. If
an employee is not paid in full or is paid an unlawfully low wage, they could hire a
professional employment attorney in San Diego to seek compensation in court. It is
essential for employees to understand the possible types of compensation that they
could be entitled to if their employer fails to pay them. Let us discuss some of the
different types of legal compensation in detail here.
Legal Wage Requirements
Employers in California are required to:
a. Pay their employees at least the minimum wage - which, as of January 1, 2022,
is $15 per hour for the majority of companies ($14 per hour for the companies
with fewer than 26 employees). Specific cities in California even necessitate a
minimum wage that is higher than the state requirement.
b. Pay their non-exempt employees overtime pay for any hours worked in excess of
eight in a single workday. The overtime rate is 1.5 times the base hourly rate. In
addition, on the 7th consecutive day of work in a workweek, employers are
required to pay employees 1.5 times the regular rate for the 1st eight hours of
work. Employers are additionally required to pay double the regular rate of the
employee for all hours worked above twelve in a workday and for all house
workers above eight on the 7th consecutive day in a workweek.
Types of compensation for lost wages
According to an experienced San Diego employment lawyer, if an employer fails to
pay an employee as per the terms mentioned above, the employee could be required to
pay any or all of the damages mentioned below:
a. Unpaid wages - The employer may be required to compensate the employee for
any missed wages.
b. Interest - The employer may even be required to pay interest accrued on any
missed wages, calculated from the date the wages were originally due.
c. Waiting time penalty - Under California law, a judge may determine that an
employer is required to pay the employee an additional penalty - wages that are
worth equivalent to up to 30 calendar days.
d. Fees of an attorney - Under a few circumstances, a judge may order an
employer to pay for the legal fees of the employee associated with the lawsuit.
According to the Division of Labor Standards Enforcement in California, you are required
to submit a variety of supporting documents for your claim. These may consist of your
time records, paystubs, paychecks, employment information or union agreements. In
addition, you may need to submit additional worksheets based on the claim you are
filing.
When the wage disputes between an employee and employer can’t be resolved directly
between the parties involved, legal action may be very important. An experienced and
the best employment attorney in San Diego can provide guidance on options
available under the law.
To get to know more about employment law and your rights for the same, feel free to
get in touch with The Nalan Law Firm, PC!
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