Despite having extensive workplace protections, many California workers are cheated out of the wages they’re owed. Sometimes this is chalked up to sheer negligence on the part of the employer, but in other instances employers intentionally avoid paying their workers for time spend conducting their duties simply to save themselves some money. This is unfair and illegal. If you think that your employer is withholding pay from you, then you should consider whether legal action is warranted.
But figuring out whether you’ve been wronged can be hard to do. After all, employers often ask workers to help with tasks when they’re off the clock, and sometimes these workers want to assist out of the good of their heart or as a way to create a positive image with their employer. But even in these instances, you should consider advocating for what you’re owed.
How employers cheat workers out of pay
There are several ways in which an employer can illegally withhold pay from you. Here are some of them:
- Off duty work: Your employer might require you to conduct “pre-shift work” or answer emails at home after hours to milk as much out of you as they can without paying you. But they can’t do that. So, don’t let your employer trick you into thinking that you have to complete your tasks, even after you clock out, without being paid to do so.
- Unpaid overtime: Similarly, if you work more than 40 hours per week, then you should be paid overtime. But employers might force or encourage you to keep working to get ahead. You might be tempted to do so, too, if it looks like additional employment opportunities are on the horizon. But working without pay creates a dangerous precedent, and it cuts you off from the income that you deserve.
- Misclassification: Your employer could wrongfully classify you as an independent contractor or an exempt employee to save money on overtime and benefits. So, carefully look at your job duties and the amount of control that your employer has over your work to see if they’re trying to manipulate your job classification to take advantage of you.
- Missed breaks: As a worker in California, you should get meal and rest breaks. Your employer might try to encourage you to work through those breaks or refuse to pay you for those breaks that are compensable, which can add up over time.
What should you do if you suspect that your employer is cheating you?
If you think that you’ve been wronged by your employer, then you need to start gathering evidence that could support an employment law claim. You’ll likely need documentation showing your job duties and hours worked, as well as any written communications that you’ve had with your employer about the issue. Keep a written journal of all times when you’re asked to work through a break or aren’t paid what you’re owed so that you have a running list of each and every time you’ve been wronged. You can also talk to coworkers to see if they can testify on your behalf as to your employer’s practices and how widespread their illegal behaviors have become.
Don’t be afraid to stand up to your employer or former employer
We know that the thought of taking legal action against your employer or former employer can be stressful. But no one is going to advocate for you unless you make the decision to stand up and have your voice be heard. So, if you want to find accountability, recover the compensation you’re owed, and prevent other workers from being taken advantage of, then now is the time to start building your case.