Law Office of Rick Morin, PC

Wage theft happens all of the time in California. For many reasons, wage theft is highly illegal. Employees and employers both need to be aware of all of the forms that wage theft can take. And how to stop it. Keep reading to learn more about this problem.

Wage Theft Takes Many Forms

Beyond the most obvious example — an employer simply not paying its employees — wage theft takes many forms. A small list of possible wage theft issues includes:

1. Not being paid the minimum wage
2. Failing to pay overtime
3. Not calculating overtime appropriately
4. Unauthorized deductions from paycheck
5. Altering time cards
6. Bounced / late paychecks
7. Failing to be reimbursed for business expenses
8. Not receiving final wages on time
9. Missed meal and rest breaks

In all of these examples, the employee is owed compensation in one form or another. And the employer did not pay that compensation. The employee was shorted money owed, and the employer is on the hook for substantial penalties.

How to Stop Wage Theft

Many forms of wage theft are inadvertent. The most obvious solution to this problem is educating both business owners and employees. Unfortunately, California labor laws are very complex and numerous. Keeping up with the laws can be a challenge for everyone involved.

Even if an employer makes an innocent mistake, they can still be liable for the unpaid wages and penalties. These problems can balloon into serious and expensive legal cases for employers.

Employers and employees should work together to find a solution to instances of innocent wage theft. However, when the parties cannot find a good solution, lawyers can get involved. And that almost always makes the problem more expensive for the employer to deal with.

Time Limits are Important

Employees need to keep in mind that most wage theft laws have a short expiration date. In other words, if an employee takes too long to file a lawsuit, they might not be able to recover anything.

Employees need to be very diligent about contacting an attorney as soon as they believe their wages are being stolen. A five star employment law attorney will advise an employee on the amount of wages owed and how best to recover that money. However, the longer the employee waits, the more difficult it will be to recover stolen wages.