They have been withholding my salary for 2 weeks. What can I do?

Salary is one of the most fundamental rights of employees. All workers in California have the right to be paid promptly and fully for the work they perform. However, there are times when employers fail to comply with this obligation, which generates great concern among workers. 

If you find yourself in a situation where your wages have been withheld for two weeks or more, it is essential that you understand your rights and the actions you can take to resolve this issue. This article will provide you with a guide on what to do if you are facing wage theft and how a California employment law firm can help you.

What is “wage theft”?

The term “wage theft” refers to the illegal practice of an employer withholding, improperly paying, or not paying an employee for work performed. This includes, but is not limited to, the employer’s intentional withholding of wages, payment below the established minimum wage, or refusal to pay overtime or commissions.

Wage theft is a serious crime under California labor law, and the law is designed to protect employees from these types of abusive practices. Under state law, employers are required to pay their employees for work they perform within a reasonable time, usually within a regular pay period.

What rights do I have as an employee in California?

In California, labor rights are very well protected and the law requires employers to meet certain standards regarding the payment of wages. Some of the key rights you have as a worker are:

• Timely and full payment: Employees have the right to receive their salary within established deadlines. The law does not allow an employer to withhold wages beyond the agreed-upon period, regardless of the circumstances.
• Minimum wage: An employee’s salary must be at least equal to the minimum wage established by the state or city where you work, which in California is established annually and varies depending on the city. If the employer does not pay the minimum wage, it may be violating the law.
• Overtime: If you work more than 8 hours in a day or 40 hours in a workweek, your employer is required to pay you overtime according to state law. Failure to pay overtime may also be a violation of the law.
• Right to claim back wages: If an employer does not pay you what you are owed, you have the right to file a claim with the appropriate labor authorities, such as the Division of Labor Standards (DLSE) of the state of California.

What actions can I take if my wages have been withheld?

If your employer has withheld your wages for more than two weeks, it is important that you act quickly to resolve the situation. Here are some steps you can follow to protect your rights and recover what is due to you:

1. Review your contract and payment receipts

Make sure the salary you expect to receive is clearly stated in your employment contract. Also review any pay stubs, time slips, or overtime records you may have. This will allow you to have a clear picture of what you are entitled to receive.

2. Talk to your employer

In some cases, wage withholding may be due to an administrative error or misunderstanding. Before taking more drastic measures, try speaking directly to your employer or the human resources department. Ask why you haven’t received your payment and request that the problem be resolved as soon as possible.

3. Send a formal complaint letter

If the employer does not respond to your request or refuses to pay you what you are owed, you can send a formal written complaint letter. This letter should detail the amount of money you are owed and a reasonable time frame for payment to be made. In many cases, this action is enough for the employer to rectify and pay you the owed wages.

4. File a complaint with the DLSE

If payment is not made after attempting to resolve the issue with your employer, you can file a complaint with the California Division of Labor Standards (DLSE). This agency is responsible for investigating complaints of wage theft and labor rights violations. The process includes an audit of working conditions, and if the DLSE determines that there has been a violation of the law, it can order the employer to pay what is owed.

5. Consider taking legal action

If the situation is not resolved through the above channels, you may need to take legal action. In this case, it is advisable to have the support of a lawyer specialized in labor rights. An attorney can help you file a wage theft lawsuit and seek compensation for unpaid wages, as well as possible additional damages for harm you have suffered.

How can an employment law law firm help?

If you find yourself facing wage theft or unjustified withholding of your wages, having the support of an employment rights attorney can be crucial to protecting your interests and ensuring you receive what you are entitled to.

A law firm like ours can offer you comprehensive legal advice that includes:

• Evaluation of your case: We analyze the details of your situation to determine if you are a victim of wage theft or some other violation of your labor rights.
• Advice on legal actions to take: We guide you through the process of filing claims with labor authorities, as well as the steps to follow if you decide to sue your employer for unpaid wages.
• Legal Representation: If your case requires taking it to court, we will legally represent you and seek to obtain the compensation you are entitled to, which may include back wages, unpaid overtime, interest and possible punitive damages.
• Protection from Retaliation: We know that employees may fear retaliation from their employers when making a claim. We offer you the legal protection you need to ensure that you do not face termination or other illegal retaliation for asserting your rights.

If you need legal advice or assistance to recover your salary or to better understand your employment rights, do not hesitate to contact us. At our law firm, we are committed to defending employee rights and ensuring that you are paid fairly for your work.

Are they withholding your salary? Contact us today to get the help you need.

(This article is for informational purposes and is not a substitute for personalized legal advice. If you find yourself in a situation involving wage theft, we recommend that you consult with an employment rights attorney to receive the best guidance and assistance in your case.)