Can I Sue My Employer For Not Paying My Salary?
By Corey Hanrahan
Can I sue my employer for not paying my salary? Yes, California has very strict laws when it comes to employer’s failing to pay employees properly (also referred to as “wage theft”). These laws apply to wages whether you are being paid on an hourly basis, or as a salaried employee. It is also important to note, that just because you are being paid a salary, that does not mean you are properly classified as an exempt salaried employee.
“…If you are paid a salary, but do not meet one of the exemptions, your employer could owe you a significant amount of money…“
In California, Labor Code Section 200 defines “wages” to include, “all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation.” This include salary pay.
And again, just because your employer pays you on a salary basis does not mean that you are not entitled to overtime pay. Under California law, an employer must prove that the employee falls within one of the exemptions from California wage and hour laws. These exemptions include: executive, administrative and professional employees. Each of these exemptions has its own test, which is why having a skilled attorney with knowledge in unpaid wage claims is beneficial. If you are paid a salary, but do not meet one of the exemptions, your employer could owe you a significant amount of money.
Attorney Corey Hanrahan has helped hundreds of employees seek wages they were owed, and all applicable penalties associated with the employer’s actions. If you are owed wages from your employer or former employer, contact The Hanrahan Firm for a free consultation to see what we can do for you.