California Employment Attorney Giving You the Representation You Need to Receive Compensation for Wage Theft
America is built on earning an honest living by working for a day’s wages. Among the many things we value as a society is the idea that someone will perform a vital task that somehow contributes to society and be compensated in return. This can mean anything from a service industry job such as cashier or wait staff, blue collar work like construction or oil field work, or white-collar office jobs. If someone does their job, they’re entitled to just compensation. Unfortunately, many employers will attempt to violate this social contract. It may be out of greed, entitlement, or retribution. For these employers, this isn’t just a violation of a social contract but also a legal one.
When someone signs an employment agreement, they aren’t just promising to fulfill their obligations as an employee. The employer is promising to compensate them accordingly. It is called wage theft if an employer fails to pay an employee their just earnings. Wage theft is a crime in California. Not only are employees entitled to seek compensation for unpaid wages, employers may face stiff criminal penalties.
What is Wage Theft in California?
Wage theft occurs when an employer fails to pay an employee according to the law. Many people think of wage theft as having their pay docked. However, wage theft can take numerous forms. These may include but are not limited to:
- Failing to Pay Overtime
- Requiring Off-the-Clock Work
- Paying Less than Minimum Wage
- Classifying Employees as Contract Workers to Avoid Paying Benefits
- Taking All or a Portion of Workers’ Tips
- Making Unauthorized Deductions from Paychecks
- Not Allowing Meal or Rest Breaks
California leads the United States in wage theft. In 2021 alone, it was estimated California employees lost a collective $2 billion to wage theft. That same year California passed a law called Assembly Bill 1003. This bill added a section to the California penal code regarding wage theft. It allows the court system to classify specific incidents of wage theft as grand theft. In addition to other laws governing wage theft, AB 1003 gives employees new tools to fight back against having their wages stolen.
What Can Be Done About Wage Theft in California?
Wage theft carries both criminal and civil penalties in California. Employers who engage in wage theft can be charged with crimes and taken to court by employees seeking monetary compensation. Under the AB1003, an employer is guilty of grand theft if they are found to withhold more than $950 from an employee in one year or $2350 from two or more employees in one year. Under California law, grand theft is a felony. It carries a penalty of up to three years imprisonment or a fine of up to $10,000.
Civil law allows employees to seek compensation for wage theft. If a civil court finds that an employer has engaged in wage theft, they may face several penalties. These may include but are not necessarily limited to:
- Compensating Employees for Back Wages Plus Interest
- Punitive Damages
- Paying Employees One Hour of Pay for Every Day a Meal or Rest Break was Denied
- Paying a Penalty to Employees Departing the Company Due to Wage Theft
A critical factor to keep in mind concerning wage theft is intent. Under California law, wage theft is intentional failure to pay employees their rightful wages. To receive compensation, employees must demonstrate in court that their employer intentionally engaged in wage theft. Failure to pay employees due to oversight, delay, or incompetence does not necessarily constitute wage theft.
How Do I Prove Wage Theft in California?
In order to prove wage theft in California, an employee must either demonstrate a pattern of behavior constituting wage theft or provide evidence. This can be done in a number of ways:
- Presenting Pay Stubs Showing a Repeated Pattern of Theft
- Introducing Testimony from Coworkers Experiencing Similar Issues
- Introducing Testimony from Superiors Establishing Intentional Theft
What Should I Do If I’ve Experienced Wage Theft in California?
Wage theft can be challenging to prove. This is especially true if you work for a large employer who has the financial resources to protect themselves in court. An experienced attorney will be able to help you build a case against your employer and prove wage theft. If you’ve experienced wage theft in California, don’t hesitate to immediately contact Justice Law Corporation, located at 751 N Fair Oaks Ave. Suite 101 Pasadena, CA 91103. The attorneys of Justice Law Corporation have a proven track record of helping clients receive compensation for wage theft. They know how to prove a wage theft case. They believe everyone who performs an honest day’s work deserves just compensation, and they’ll fight to ensure you receive what you’ve earned. The attorneys of Justice Law pride themselves on giving a voice to the voiceless and standing up for people that corporations think they can tear down.
People deserve the money they’ve earned through hard work. Some employers don’t believe this. They think they can keep someone else’s money for themselves and deny them what they’ve earned. The attorneys of Justice Law want to help you hold these employers accountable. If you or a loved one have experienced wage theft, don’t hesitate to contact the attorneys of Justice Law right away at 818-230-7502 or email them for a consultation. Don’t let someone else take what you’ve earned.
