Most employers in California have digital timekeeping systems and straightforward payroll practices. Workers tend to take for granted that they should receive pay in full for the time they work. However, some employees realize after reviewing their paychecks that the compensation they received is not sufficient.
Many employers quickly remedy the situation when payroll discrepancies are brought to their attention. They do not want to risk penalties and may have made honest mistakes. Other times, the alleged oversight is actually an indicator of systemic, intentional payroll practices. A company may refuse to provide workers with the pay that they deserve.
What can workers do to obtain wages that they have already earned?
Document the issue
Hourly workers generally have a right to pay for all time worked. In California, it is inappropriate for employers to round the time worked up or down to issue paychecks in increments of multiple minutes. Employers also cannot demand that workers do tasks after clocking out or before clocking in for a shift. Even standby and on-call time requires pay. California also has relatively robust overtime protections. Workers need proof of the time they worked without compensation. From there, they can begin the claims process.
File an initial claim
Workers or the lawyers representing them can file paperwork with local municipal authorities to begin a wage claim. The Labor Commissioner district office nearby can review the details of the wage claim, which a worker needs to make within three years due to the statute of limitations. After that, the worker may have an opportunity to attend a settlement conference. During that meeting, they can discuss the situation with the representative from their employer. Attending the settlement conference is crucial, as employees who do not show up lose their right to demand their wages.
In some cases, a settlement conference might result in payment in full for time worked. If it does not, then workers can potentially request a hearing in front of a judge. The final option for obtaining unpaid wages is to appeal the outcome of an unsuccessful hearing.
Managing all the elements of a wage and hour claim can be very difficult. Workers may struggle to handle the technicalities and to remain calm throughout the wage claim process. Having the right assistance increases an employee’s chances of getting the wages that they deserve. Employees should not have to accept working without pay or refused overtime wages for time they have already worked.