Filing a Wage and Hour Claim

Answer:

I recently sat down with a potential client of mine who came to discuss with me a matter related to a termination. I asked the employee, “Let me see your paycheck stubs,” and the employee says, “Oh, I never got one.” I said, “What do you mean you never got one?” She said, “Yeah, no, they never gave us pay stubs. They always give us checks with nothing attached.” I said, “How long has this been going on for?” She says, “Well, since the new owners bought the company about nine months before.” I said, “What happened before nine months before?” She says, “Well, we did get pay stubs from the previous owner,” and she went out to her car and she got those pay stubs. It’s interesting, I had a case in which I had the same employee who worked for the same company for two different owners who did two different things. One employer didn’t provide a pay stub at all, which is clearly a violation of California law. In California, you’re entitled to a pay stub at the time that you receive your compensation that identifies who your actual employer is, as well as your hourly rate and the means to calculate all hours worked, including overtime and any deductions. In fact, when she went out to her car and picked out her pay stubs, in looking at the pay stubs, you couldn’t figure out the number of hours that she worked and what the hourly rate was. It just had lump sums. That would change from week to week, or every two weeks, but it was still unclear. Even as an employment lawyer, I couldn’t figure out how many hours she worked and what she was being paid for. While she came to me with one issue, and we are going to address her termination, there was also this separate issue as to whether or not she was being paid properly and whether or not they were providing paycheck stubs in accordance with California law. California law is extremely protective of its employees. In California, they want to make sure that you know what you’re being paid for, what hours you’re being paid for, and the manner in which you’re being paid and who’s paying you. If you’re working for an employer and you have questions regarding your pay stubs, or if you’re having issues with regards to any pay, including whether or not you’re being paid properly under California law or are receiving proper meal or rest breaks, it’s important for you to talk to a law firm that can address those issues. If that’s this firm, great, give us a call. We’re happy to discuss with you any issues that you may have. Thanks.