Unpaid Wages Lawyer

Unpaid Wages Attorney

What would you do if your employer denied paying you for your hours worked? Has your employer miscalculated the hours you have worked?

Unfortunately, many people are afraid of employer retaliation if they speak up to their employer for receiving less than the expected amount of wages. Others may not even know what unpaid wages entail. Depending on the employment, employees oftentimes have benefits such as commissions, and overtime payment.

At Heidari Law, we care about employees getting their benefits promised to them. If you believe you or a loved one has been denied payment or benefits from your employer, contact our experienced unpaid wage attorneys to determine if you have a claim. We will analyze the various aspects of your claim, and determine the maximum benefit that should be owed to you.

An unpaid wage claim can consist of various claims, including, but not limited to:

• Employer denied paying minimum wages
• Employer denied paying tips
• Employer denied paying commission
• Employer denied paying overtime hours
• Employer denied employee mandated breaks
• Employer denied employee scheduled working hours

Which Laws Apply?

The federal government has enacted labor laws; however, wages and employment benefits are best determined by your state government. Sometimes, there are differences in the law. For example, the federal minimum wage is lower than California’s and Nevada’s mandated minimum wage for their employees. Laws may even vary depending on the county; for example, Los Angeles County has its own sets of rules and regulations regarding employee breaks.

California’s Employment Laws

Below are general points regarding California’s wage laws:

• Any hour worked is subject to wages.
• As of 2021, California’s minimum wage is $14.00
• Employees must be reimbursed for any costs incurred during the scope of their employment that is considered “necessary” to carry out their employment. For example, this includes airfare and hotel costs when traveling to a business meeting.
• Employers are not mandated to offer paid time off. If an employer offers paid time off, an employee must be compensated the amount of unused paid time off when they leave their employment.
• Employees must be paid every 2 weeks or sooner. If mailing a check to an employee, the employee must receive it within 11 days.
• If an employee is terminated from their work, they must be paid for the prior time worked immediately (within the same day).
• Employers cannot force employees to work beyond their scheduled hours.
• Employees should be paid 1.5x their wages for overtime if they work for more than 8 hours a day, or over 40 hours per week.
• Employees should be paid 2x their wages for overtime if they work more than 12 hours a day, or over 8 hours on the 7^th

Nevada’s Employment Laws

Below are general points regarding Nevada’s wage laws:

• Employers are required to pay overtime when an employee’s hours exceed 40 hours in a workweek.
• The government of Nevada may be required to pay prevailing wages for those employees who work on government-funded projects.
• Employees are required to take a 30-minute break for 8 hours worked.
• Those employees who work less than 3.5 hours are mandated to take a 10-minute break.
• An employee can choose to decline breaks.
• All employers are required to pay workers compensation benefits if an employee is injured on the job.
• An employer can consider an applicant’s criminal history when hiring them.
• An employer is prohibited from running a credit check on a job applicant.
• Employees must be paid every two weeks.
• An employer cannot make deductions on an employee’s wages, except when
  • It is consented to by the employee in writing
  • Paying a hospital association
  • Paying a saving department that is chosen by the employee
  • It is required by law
• Pay statements should itemize everything including hours worked and the pay rate, along with taxes taken out.
• Employers must maintain an indoor smoke-free workplace.
• When an employee quits, the employer must pay them within 7 days, or by the next planned payday.
• Every employer with 50 or more employees must provide paid time off to their employees.
• Employers cannot refuse to hire an employee after a positive marijuana drug test.
• Employers must maintain records of employees’ wages for 2 years. These records must include net wage paid, date of payments, and any tax deductions.
• For minors under age 16, the maximum number of hours they can work is 8 hours a day or 48 hours per week.

California Minimum Wage Laws

Under the state rules and regulations, all California workers must be paid at or above minimum wage. As of January 1, 2017, the state government ruled that the minimum wage would increase every year by a dollar. Starting January 1, 2021, the minimum wage in California increased to $13.00 for employers who have 25 or less employees, and $14.00 for employers who have 26 employees or more.