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Moon and Yang Professional Corporation

In light of our recent blog on the DIR’s ‘Wage Theft is a Crime’ campaign, we think it’s a good time to answer some common questions about wage theft, wage claims and employees’ rights.

While the answers provided below can shed some light on employers’ legal obligations to workers when it comes to compensation, don’t hesitate to contact an experienced Los Angeles employment lawyer at Moon and Yang Professional Corporation when you need effective help standing up to employers and obtaining the compensation you deserve.

California Wage Claims: Important Answers

Q – How much is minimum wage in California?

Have questions about wage claims and your rights? If so, we have answers. Check out these FAQs from an experienced Los Angeles employment lawyer.

Have questions about wage claims and your rights? If so, we have answers. Check out these FAQs from an experienced Los Angeles employment lawyer.

A – Currently, California minimum wage is $9 per hour. This will be the minimum wage until December 31, 2015. As of January 1, 2016, the California minimum wage will increase to $10/hr. There are a few, specific exceptions to this (with certain types of salespeople, apprentices, etc. possibly being exceptions).

Q – When am I entitled to overtime?

A – In general, California workers are entitled to overtime pay (at a rate of 1.5 times their hourly rate) when they work more than 8 hours in a given workday or when they work more than 40 hours in a given week. For more in-depth info on overtime pay and double time pay, click here.

Q – Can my employer fire me for filing a wage claim?

A – Not legally. In fact, by law, if an employer fires, demotes or otherwise punishes (or retaliates against) workers who file wage claims against them, this can constitute an additional violation of workers’ rights.

In other words, workers have the right to file wage claims against employers without fear of retaliation. When employers violate these rights and try to punish workers who’ve filed wage claims, workers can pursue retaliation claims against the employer (along with the original wage claim).

Q – Who can file wage claims?

A – Anyone working in California who believes their employer has violated their rights and failed to pay them the wages they’ve earned and to which they are legally entitled can file a wage claim. In fact, workers should be aware that they can file wage claims regardless of:

  • How they are paid, including if they are paid under the table
  • Their immigration status, as workers will not be asked about their immigration status (or be asked to produce papers) when filing wage claims – In fact, it’s illegal for employers to threaten workers because they don’t have papers.

Q – How do I know if I have a wage claim?

A – You may have a wage claim if your employer is:

  • Not paying you minimum wage and/or overtime pay earned
  • Not allowing you to take rest breaks
  • Taking a percentage of your tips
  • Otherwise violating your workers’ pay rights.

The best way to find out if you have a wage claim, however, is to contact a trusted Los Angeles employment lawyer at the Moon and Yang Professional Corporation today.

Los Angeles Employment Lawyer at Moon and Yang Professional Corporation

Do you have more questions about wage claims? Or are you ready to proceed with a wage claim? If so, you can turn to an experienced Los Angeles employment lawyer at the Moon and Yang Professional Corporation for aggressive, effective legal advocacy in your pursuit of justice.

To find out more about our services and how we can help you, contact us today by calling (213) 232-3128 or by emailing us using the contact form on this page.

From our offices based in Los Angeles, our trusted lawyer provide superior service to clients throughout Southern California, including those in Koreatown, Orange, Anaheim, Santa Ana, Buena Park, Garden Grove and throughout Los Angeles and Orange Counties.

Categories: Wage &Hour Violations