Best Employment Lawyers in Tustin, CA

Yes. The right to recover unpaid wages, either via a complaint with a regulatory agency and/or a lawsuit, is legally codified under California Labor Code Section 1194 LC. Hiring a skilled legal team to help you with your case will ensure that you have the best chance to recover your unpaid wages.

The federal law is known as the Fair Labor Standards Act (FLSA). It was signed in 1938 to protect vulnerable employees from being exploited by unscrupulous employers. The basic provisions in the law establish legal standards for minimum wage, child labor, overtime pay, and administrative tasks (specifically keeping records) that need to be followed by the employer. It oversees both private and public sector jobs. The civil regulatory body that oversees the enforcement and implementation of the FLSA is the United States Department of Labor (also referred to as The DOL).

No. Wages do refer to the amount of money paid to the employee as compensation, but it also refers to any benefits that the employee receives as a condition of their employment. This includes vacation hours (paid time off or PTO), sick pay, clothing, room, and/or board. Denial of financial compensation and/or any of these benefits would all legally comprise what is known as wage theft.

This is the lowest possible wage that is allowed under a specific law (be it federal, state, county, or municipal law). In an unpaid wages case, the law that is most generous to the employee is the one that is always followed in determining their rate of pay. There may also be minimum wages set by a certain labor union for the workers who are members of the said union. In this situation, an unpaid wages case becomes even more complex as the legal team has to not only know the ins and outs of all the wage and hour laws but must also know how to integrate union by-laws into the legal argument.

You may file a federal claim with the United States Department of Labor (DOL) or a state claim with the California Division of Labor Standards Enforcement (DLSE). You may also file a claim with Wage and Hour Division (WHD) of the California Department of Industrial Relations (DIR). Finally, you may directly sue your employer in court under California Labor Code. Any one of these should be done with a legal team who can best ensure that you recover your unpaid wages.