At Romero Law, APC, our trusted employment law attorneys in Pasadena know that salaried California employees have a distinct advantage in keeping track of hours worked and paycheck deductions over hourly workers.
Also called exempt employees, salaried workers are not required to clock in and out to track their work hours — although some businesses may still opt for time tracking to ensure accurate attendance records and project tracking — and receive the proper paycheck.
Exempt employees typically receive the same check for the same amount each pay period because they may also not be eligible for overtime.
However, hourly workers may work different hours each week, including overtime or double-time shifts that pay more during those periods. Keeping track of these varying hours and pay differentials may not be the most difficult, but it is a process. If a single day is forgotten, the employee can lose track of their weekly pay expectations. Worse, they may never know if wages are missing from their paychecks.
Unfortunately, not all California employers pay their employees the correct amount.
Here is what California employees need to know about wage discrepancies and their right to hold their employer accountable for the proper amount.
Tell Your Employer About the Pay Discrepancy
Sometimes, a pay discrepancy could be an oversight by your employer or a simple accounting error. If so, the employer must fix the difference and pay you what you are owed.
In other cases, the employer may systematically withhold wages (from you and potentially other employees) for its benefit and refuse to pay you the missing amount.
This is considered wage theft and is illegal.
Gather Supporting Evidence to Discuss Your Wage & Hour Claim with an Attorney
California employees have the right to be paid under the laws that apply to their employment, starting with our state’s minimum wage requirements and all benefits non-exempt California employees are entitled to, including meal and rest breaks and overtime wages for those who work more than 40 hours in a workweek or eight hours in a day.
If you are not being paid what you are owed, collect the following documentation and contact our skilled California wage and hour employment law attorneys for help:
- Records of hours worked, including emails, text messages, scheduling software, handwritten schedules, requests to work late or on weekends, or other communication supporting your claim.
- Paychecks and pay stubs, which can highlight the differing payments, or a lack of transparency in the breakdown of pay and deductions. California’s Wage Theft Prevention Act made it a legal requirement for employers to provide workers with a written notice outlining rates of pay and overtime and any entitlement to allowances. Your employer is violating the law if you were not given this breakdown.
Do Employees Have the Burden of Proof When Pursuing a Wage & Hour Claim in California?
California law obligates employers to keep records of employees’ hours and pay. If your employer refuses to supply them, we can help you access those records through the proper legal channels.
If you believe your California employer is taking advantage of you or is doing anything illegal to avoid paying the wages you deserve, contact our skilled employment law attorneys in Los Angeles County today to schedule a free consultation to learn how we can help you recover your lost wages.
Our employment law firm and bilingual staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling (626)-396-9900 or contacting us online.