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What Is Considered Unpaid Wages?


We’ve all had to stay late to finish work projects; however, working overtime without getting paid may be in violation of federal employment laws. Not every employee who works before or after their shift is aware that they are entitled to compensation. For that reason, it’s vital to know your employment rights.

In many cases, employees don’t even know that they should have been compensated for the extra hours they worked. With the help of an experienced Monterey County employment attorney, you may be able to pursue the unpaid wages you were su[ppose to receive.

What Are Unpaid Wages?

Non-exempt employees are entitled to wages worked before and after their usual shift and work done during their allotted break times. Non-exempt employees are those who are entitled to their respective state's hourly minimum wage. Federal law also requires employers to pay nonexempt employees an overtime rate of at least one-and-one-half times their regular hourly wage when working more than 40 hours a week.

Unpaid wages are any money owed to an hourly employee who has performed their duties pre-shift, post-shirt or during lunch breaks. Wages could also be owed if an employee has been scheduled to work overtime without receiving the federal overtime rate.

Other Circumstances for Unpaid Wages

An employee may also sue their employer for unpaid wages if they were fired or had pay withheld due to personal injury, filing for disability, or discrimination. Under California law, all employees are entitled to overtime pay that extends beyond a 40-hour workweek.

If an employer withholds your payment without cause, or if they have allowed you to work off-the-clock without paying you fairly for your time, you might be able to file a claim against them.

How to File an Unpaid Wages Claim

First, you should contact the company and attempt to file a legal claim through their human resources department. If your money has been withheld due to discrimination, you should contact the Equal Employment Opportunity Commission. Then you may seek an employment attorney who can examine your case and help you take legal action against the employer.

Your time is valuable, and you deserve to receive fair pay for all your hard work. It does not matter if your employer finds excuses to not pay you; the law is the law and employers must abide by them.

To explore your options of receiving unpaid wages contact Marder Employment Law at (888) 796-4010 today.

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