Wage theft is a serious labor violation that occurs when employers fail to pay workers according to state law. Employers may commit wage theft in multiple ways, making it hard to fully understand your rights.
A Los Angeles wage theft lawyer from Erkel Law, P.C., can explain your rights as an employee and take legal action to recover unpaid wages and penalties for apparent violations of the law. Discover the different forms of wage theft and see how an employment attorney can protect your right to fair and timely compensation.
Wage theft laws target employers who violate a wide range of rules under California Labor Code § 200-244 governing wage payments. Employers may commit wage theft by:
The state’s wage payment requirements vary depending on the circumstances. A lawyer versed in Los Angeles wage theft rules understands these differences. For example, the timeline depends on whether the employee quits or is terminated. Under Labor Code § 202, employers must pay final wages within 72 hours of resignation or at the time of quitting if the employee provides at least 72 hours’ notice. According to Labor Code § 201, employers are required to pay wages immediately upon discharge from employment. Temporary service employers, as defined in Labor Code § 201.3, must also meet this same-day payment requirement.
A lawyer can file a wage theft claim with the Los Angeles Office of the California Department of Industrial Relations to recover unpaid compensation. You must gather all relevant documents and evidence to show how the employer violated wage laws. The Department will review your materials and hold a settlement conference to seek a quick resolution. If no settlement is reached, the Department will proceed with the case to a wage claim hearing, where an officer will issue a decision on the employer’s liability for wage theft.
Beyond unpaid compensation, employers may also face penalties for the wage theft of an employee. Labor Code § 203 imposes fines on those who willfully fail to pay wages after a worker resigns or is terminated. Employers must pay this penalty at the employee’s regular wage rate for up to 30 days. Under Labor Code § 206, any employer that fails to pay wages within 10 days after receiving an order from the Department may owe three times the employee’s damages.
If you notice discrepancies in your paychecks or are waiting on unpaid wages, you may have grounds for a wage theft claim. State law sets varying deadlines for filing, depending on your situation, so it is essential to act promptly. Consult with a Los Angeles wage theft lawyer to determine the applicable statute of limitations and file your claim promptly. Schedule a consultation with Erkel Law, P.C., today to discuss your case and begin protecting your rights.
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