Unpaid Wages FAQ

What are unpaid wages?
A wage is a monetary payment an employee receives from an employer for hours he/she has worked.  When an employer fails to pay an employee his/her wages, it is considered unpaid wages.

What is the difference between and exempt and non-exempt employee?
The difference between an exempt employee and a non-exempt employee is that an exempt employee is paid an annual salary, and a non-exempt employee is paid on an hourly basis.  Additionally, a non-exempt employee is subject to hour restriction laws and entitled to compensation for any overtime hours he/she has worked.

Can an employer decrease an employee’s hourly wage?
Yes, an employer is legally entitled to decrease an employee’s hourly wage, as long as the rate is not below the minimum wage.  When an employer decides to decrease an employee’s hourly wage, the employer must communicate this to the employee.  If an employee works a set amount of hours before he/she is informed of a wage decrease, the employer must compensate the employee at his/her original hourly rate for the hours worked.

I was not compensated for hours I worked, what should I do?
If you did not receive prompt payment for hours you worked, you should speak with your employer immediately.  In some cases, you may find there was a discrepancy or bank error.  Being direct with your employer may eliminate confusion.  If you speak with your employer and find that he/she has purposely withheld payment of your wages, you need to obtain the services of a qualified Employment Law attorney immediately. 

Can I recover my unpaid wages?
Yes, you are entitled to receive your unpaid wages.  By working closely with an attorney, you can begin the legal process to recover your unpaid wages.  Additionally, if your employer reacted adversely to your request for compensation, you may be allowed to file a retaliation claim.  A retaliation claim will allow you to seek punitive damages for your unpaid wages and emotional distress.
 

Contact the Shaun Setaruh Law Group to discuss your Los Angeles unpaid wages case. For your convenience, we are available 24 hours a day!