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 7th

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.

Nevada Minimum Wage Laws

Starting July 1, 2020, Nevada’s minimum wage increased to $9.00 an hour (or $8.00 for those employers who offer benefits such as health insurance). Each year, the minimum wage would go up by 75 cents until 2024.

When coming in for a consultation, our attorneys advise having multiple documents of proof of employment, which include (but are not limited to):

  • The date the dispute started
  • The last day you worked
  • Employment contract signed when you first started your position
  • Place of employment
  • The names, positions and contact information of parties involved
  • Any pay stubs received
  • Any recoded communication (ex: emails) with claims made by your employer
  • Information regarding your employer, such as company name (if a subsidiary company, then it is advised to have both at hand during a consultation)

If you are unemployed, and are currently going through an unpaid wages dispute claim with your employer, many states stop paying unemployment benefits until the dispute is settled between the two parties. These laws depend on the state.

Oftentimes, employers would not want to spend months in trial, and so labor disputes would end in a settlement. A settlement is an agreement between both parties before they are set to go into trial. To better determine if you have a valid unpaid wage dispute claim against your employer, contact our experienced attorneys at Heidari Law Group today. We have attorneys in major cities, such as Los Angeles, Las Vegas, Fresno, and Irvine. If you or a loved one have been denied compensation for hours worked, you may be eligible for compensation to recover damages owed to you. If you believe you have been cheated out of getting your hard-earned money, our labor dispute attorneys may be able to get back pay, along with liquidated damages for your unpaid hours.

Call our office at 1 (833) 224 5454 to schedule a free consultation.

***Disclaimer: This blog is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this blog, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.