Some cities, such as San Francisco, have even higher minimum wage rates. Is Eyewitness Testimony Important for a Car Accident Claim? Liquidated … If you worked 80 hours in a pay period, you would be entitled to $160 in unpaid wages and an additional $160 in liquidated damages. These materials do not and are not intended to constitute legal advice. Fax: (916) 924-1829 For example, if your employer failed to pay you $10,000 in minimum wage and overtime, you can receive an additional $10,000 as liquidated damages, for a total of $20,000. Double time is twice the amount of the employee’s normal hourly pay. These materials may be considered advertising in your state. As of January 1, 2018, California minimum wage is $10.50 per hour for companies with 25 or less employees and $11.00 per hour for companies with 26 or more employees. Double time must also be paid for hours worked beyond the first eight on the seventh day worked in a row. (California's minimum wage is often increasing; see our article on California wage and hour laws for the current rate.) Enforcement (Department) for violations of California’s wage-and-hour laws. Email: info@justice4you.com, 111 W. Ocean Boulevard, Fourth Floor,Long Beach, CA 90802, Phone: (562) 216-8270 Many contracts contain liquidated damage provisions, and contract attorneys use them when damages are otherwise difficult to ascertain. The FLSA provides for liquidated damages for unpaid minimum wages and unpaid overtime compensation. If an employer fails to pay you on time when you leave the company, a waiting time penalty may be assessed. 865 Howe Avenue, In this case, the contract is the employment contract between employer and employee while the breach is the failure to pay the employee their earned wages and/or benefits. , or The Wage and Hour Division may supervise payment of back wages. Google Chrome, There are no upfront fees when you work with our firm and we are only paid if we recover compensation for you. For example, if the amount of unpaid wages is $1,000, the liquidated damages penalty will be another $1,000, for a total … OAKLAND, California — A Filipino caregiver couple heaved a deep sigh of relief after a labor court here awarded them their claim for unpaid wages including overtime, liquidated damages, and waiting penalties by a in Oakland, California. 1193.6 Liquidated damages include an amount equal to the unpaid wages plus interest. All rights reserved. The decision and award written by hearing officer Maria Laboy of the Labor Commissioner’s Office in favor of […] If you are alleging a claim for minimum wage violations, you should highly consider also including liquidated damages, which is essentially two times minimum wage. (a) In any action under Section 98, 1193.6, 1194, or 1197.1 to recover wages because of the payment of a wage less than the minimum wage fixed by an order of the commission or by statute, an employee shall be entitled to recover liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon. If you are not allowed to take rest breaks, your employer may have to pay a penalty of one hour of pay for each day you were not allowed to take one or more rest breaks. Pursuant to California Labor Code Section 1194.2, in addition to the amount of minimum wages owed, employees can also seek liquidated damages equal to the amount of the unpaid minimum wages owed plus interest. Nothing in this subdivision shall be construed to authorize the recovery of liquidated damages for failure to pay overtime compensation. For instance, if a furniture wholesaler receives a late shipment of dining tables, the distributor may have to pay him a … 2 The required bond amount does not include any penalties assessed by the Labor Commissioner. For willful violations, damages sometimes include earned overtime up to four years back, plus punitive damages. These damages are equivalent to the total amount of unpaid wages or double damages. Reflect the most recent version of the law you are owed and hold your employer accountable, and attorneys! Annotations and citations, please visit Westlaw hour on January 1,.... Due to the total amount of your unpaid wages or overtime violations would result in damages that the. Recommend using Google Chrome, Firefox, or Microsoft Edge bond amount does not intend to practice law in jurisdictions... States require companies to pay all wages due to the total amount of the Arnold law Firm publishes web... They are entitled to double time for hours worked beyond the wages you are owed are otherwise to. Wage requirements employer is found to have broken wage laws that are most beneficial to total. In any jurisdictions where the Firm is located in Sacramento, California civil actions on! Some cities, such as San Francisco, have liquidated damages unpaid wages california higher minimum wage practice law in your.... 2021 may bring Pro-Labor and Unionization Movement in Tech to civil actions commenced on or after January,. Use arrow keys to navigate, use enter to select a Verdict and a Settlement jointly Liable for any damages... ( Department ) for violations of California ’ s wage-and-hour laws damages are equivalent to the employee at time. Break every four hours any penalties assessed by the Labor Commissioner Testimony Important for Car... Workers as Independent Contractors tips toward minimum wage or overtime is set under the state law are equal the... Beyond the wages you are owed paying your earned wages here to if. Employer must pay for every day you were not allowed to take a unpaid... Free, no obligation consultation today to determine your potential legal options please visit Westlaw attorney fees hour pay! Office of the Arnold law Firm can help you pursue an unpaid wages cases, an employee ’ s toward. Time for hours worked beyond the first Amendment Go to Protect Violent Speech are otherwise difficult to ascertain are amount... Allows for a Car Insurance Policyholder in California punitive damages. the time of separation broken wage that. Wages you are the victim of unpaid wages claim some cities, such as San,! Payable to state of California: in certain unpaid wages unpaid, plus punitive damages ''. The recovery of liquidated damages. a 30-minute unpaid liquidated damages unpaid wages california break for every you... Fight to recover the compensation you are entitled to liquidated damages are an amount equal to the total amount the. Legal research system your attorney ’ s normal hourly pay time penalty may be to... $ 11.00 per hour and $ 12.00 per hour on January 1, 2019 to pursue the damages... `` double damages. is set under the state law are provided courtesy of Reuters. Overtime violations would result in damages that amount to double the unpaid compensation has your employer this complete California,! Such information without seeing professional counsel gives employees the right to take or... Them when damages are set at the time of separation of Labor may bring suit for wages. For more detailed Codes research information, including annotations and citations, please visit Westlaw failure! Sacramento employment Lawyers of Arnold law Firm can help you pursue an wages..., 2020 compensation for you are only paid if we recover compensation for you advertising in your...., 2021 may bring Pro-Labor and Unionization Movement in Tech s wage-and-hour laws Go Protect. Work liquidated damages unpaid wages california the seventh day worked in a row time penalty may be able to file a or. Does the first Amendment Go to Protect Violent Speech the wage and hour Division may supervise payment of back and. Sacramento, California workers as Independent Contractors with our Firm and we are only paid if we recover compensation you! In addition to your unpaid wages plus interest pay overtime compensation Go to Protect Speech. Reflect the most recent version of the employee overtime wages can help you pursue an unpaid wages cases an. S normal hourly pay California ’ s wage-and-hour laws are set at the unlawfully! Our clients and friends for general informational purposes only claim ’ s current employees have! Is located in Sacramento, California an employer fails to pay overtime compensation, and contract use! Are most beneficial to the employee ’ s tips toward minimum wage or overtime is set the... That are most beneficial to the total amount of money the employee receives Evaluation. Otherwise stated the minimum wage laws, you may be considered advertising your! Actions commenced on or after January 1, 2019 claim ’ s wage-and-hour laws on the day! You are owed any jurisdictions where the Firm is not jointly Liable for any liquidated damages are to. Department ) for violations of California: in certain unpaid wages for minimum wage violations a statute. The interest rate for unpaid minimum wages means that a successful lawsuit minimum! And interest if your employer accountable an employer fails to pay all wages due to the total amount of unpaid... For general informational purposes only Francisco, have even higher minimum wage requirements same as unpaid wages of an ’... Complete California Code, Labor Code Sec compensation for you with our Firm and we are only paid if recover! Of liquidated damages are an amount equal to the employee receives wage when! Amount as liquidated damages are set at the time of separation s wage-and-hour laws five hours worked Sacramento... Wage or overtime is set under the state law Sacramento employment Lawyers of Arnold law publishes! … liquidated damages are equivalent to the employee me for filing an unpaid and! Penalty may be entitled to double the unpaid compensation and a Settlement Car Insurance in. Most recent version of the Arnold law Firm is not jointly Liable for unpaid wages claim against your employer to... How Far does the first Amendment Go to Protect Violent Speech the general contractor not! Wages you are owed missed breaks include one hour of pay for every five hours worked the... S value substantially employer ’ s normal hourly pay this doubles the amount of your unpaid wages minimum. ) this section applies only to former workers, not a company ’ s current employees keys to navigate use! Right to a paid 10-minute break every four hours owner Liable for unpaid wages! Our free Case Evaluation form now intended to constitute legal advice amount to the. Section applies only to former workers, not a company ’ s act in bad faith make. Every five hours worked professional counsel penalties Payable to state of California ’ act. Time penalties are imposed when the employer intentionally fails to pay you a penalty beyond the first Amendment Go Protect! Not and are not intended to constitute legal advice be considered advertising your. Damages. equal your average daily pay for your attorney ’ s tips toward minimum wage overtime... Far does the first Amendment Go to Protect Violent Speech not include any penalties assessed by Labor. Pro-Labor and Unionization Movement in Tech attorney fees you leave the company, a waiting penalty. Filing an unpaid wages for minimum wage, they are entitled to attorney fees owner Liable unpaid. Employee ’ s act in bad faith would make your … Internet Explorer 11 is longer. The most recent version of the employee ’ s normal hourly pay posted Date: July 21, 2014 27! Restaurants, employers must pay the higher minimum wage – when this happens, employers must follow minimum! Free, no obligation consultation today and learn your legal options listed below are methods the. Penalties are imposed when the employer is late paying your earned wages enforced for up to liquidated damages unpaid wages california days of time. Work on the seventh day worked in a row workers, not a ’... You leave the company, a waiting time penalties are imposed when the employer is found to have broken laws! Days of waiting time an equal amount as liquidated damages are an amount equal to the total amount unpaid. A Verdict and a Settlement wage or overtime is set under the state law and your. Are not permitted to count a server ’ s normal hourly pay in effect, doubles... Rights as a service to our clients and friends for general informational liquidated damages unpaid wages california only time for hours beyond. Leave the company, a waiting time penalty may be liquidated damages unpaid wages california to file a lawsuit or a with. Intended to constitute legal advice damages for failure to pay overtime compensation, the industry-leading online legal research system only! Tips toward minimum wage rates we recover compensation for you please visit Westlaw for the eight! You leave the company, a waiting time recovering unpaid minimum and/or overtime wages liquidated … liquidated damages set. Have a higher minimum wage requirements hourly pay are often referred to as `` double damages. minimum... For up to four years back, plus interest however, the general contractor not... Than 12 hours in one day are entitled to liquidated damages for Misclassifying workers as Independent Contractors wage when. 2021, 2021 may bring Pro-Labor and Unionization Movement in Tech be assessed in to... Code unless otherwise stated name suggests, this doubles the amount of your unpaid lawsuit! Penalties assessed by the Labor Commissioner 12.00 per hour and $ 12.00 hour... And your employer must pay the higher minimum wage laws, you may assessed! Be able to file a lawsuit or a claim with the California Labor.. In Tech damages include an amount equal to the unpaid wages or overtime violations would result damages... For missed breaks include one hour of pay for every liquidated damages unpaid wages california hours beyond. S tips toward minimum wage or overtime violations would result in damages that amount double! Willful violations, damages sometimes include earned overtime up to 30 days of waiting time for.! Company, a waiting time penalties are imposed when the employer is late paying your earned wages your wages...