If your employer is reluctant to pay your wages or commissions on the payday, other employees may be facing the same issue.
Most states have payday laws, and California is not an exception. Meaning, you have all the reasons to file a claim against your employer for violation of payday laws and get compensated.
One best thing is that if the problem is across the board, you have a chance to file a class-action lawsuit. However, you need to know how to deal with the process and obtain compensation using a class action lawsuit.
This article contains California payday laws and how to file a class-action lawsuit for late payment of wages and commissions.
What Are The California Payday Laws?
Paycheck laws governing how employees are to be paid vary from state to state. According to California paycheck laws, an employee must know:
- What is paid and at what date: Your employer must have a designated regular payday, and this should be on the notice. California employees are mostly paid twice a month as follows.
- Compensation earned from the 1st to 15th day of the month must be paid no later than the 26th day.
- Compensation earned from the 16th of that month up to the end of the month must not be paid later than day 10 of the following month.
- When to receive a final paycheck if you are terminated or fired.
- Any wage payment after firing or layoff must be paid immediately. Your employer has no obligation to wait until the net payday for any amount you are owed.
- Information contained on the paycheck
Depending on your employer’s payment schedule, such as weekly, biweekly, or whichever method, they must comply with the payday laws. Meaning, for any work performed within seven days, an employer must pay such after the pay period. Such a payday has to meet the required criteria. Also, employees must be notified of when to receive payment and the location of payment.
In general, the law is lenient, with few exceptions for those who work in executive, professional or administrative areas. Such employees are paid once a month on the 26th day of the month. Their paycheck must include their gross pay, deductions, and net pay for the month. Besides, those who work on farms should be paid at least every week
If your employer is not adhering to the California paycheck laws, then you may have a claim. Since such violations happen to many employees, you can choose to file a class-action lawsuit.
Have You Been Receiving A Late Paycheck?
If you have received a late paycheck, you may consider speaking with your employer before looking for other class members to file a class-action lawsuit. You should communicate in writing and perhaps may find out that the issue may be sorted out. If your employer turns a deaf ear, consider seeking legal help
No employer should pay an employer whenever they feel like it. Employees should know their rights. When wages or commissions are paid late, this affects your ability to pay for bills and any other expenses.
Filling A Class Action Lawsuit
Your employer should pay for what you have worked for. If this is contrary and happening to a group of employees, you can look for the best class action attorneys in Los Angeles.
Class action favors employees who have suffered the same injury from one defendant (employer). As these cases are broad and complicated, they are best handled by class-action lawyers.
You may file a class action claim if:
- You have an issue with the late payment of wages and commissions.
- You have not been paid overtime.
- There is failure to get a final paycheck on the designated date.
A group of workers suffering similar injuries from their employer’s violation of paycheck laws should join to file a single claim. The class representative has to ensure that other class members have similar incidents and must be willing to join up for the legal action.
It becomes easier when there is a notice for former and current employees affected by such incidents to submit their details.
It’s advisable to work with a class action lawyer who will help the class member understand how class action works. The same lawyer can advise on the employee’s legal rights and responsibilities when filing the lawsuit and provide an estimate of average payout depending on the situation. Also, you get informed advice on whether you have a valid collective case or not. Remember that when filing a collective claim, you will need to follow the Fair Labor Standards Act (FLSA).
You have a right to a timely pay for wage and commission or overtime. If your employer pays you late, don’t hesitate to seek legal help. In doing so, you will help save other employees from late wages payments.