Wages/Overtime FAQ

What is unpaid wages?

After an employee has worked hours at his/her job, it is expected that he/she will receive payment from his/her employer. When an employee does not receive payment for the hours he/she has worker, it is called “unpaid wages”.

Can I recover unpaid wages?

It depends. When an employee is not paid for the work that he/she did, he/she has the legal right to file a lawsuit to recover compensation. However, the recovery of compensation is not guaranteed, and will depend upon the circumstances surrounding the case.

What is an overtime commission dispute?

An overtime commission dispute occurs when an employer fails to pay or withholds overtime compensation, commission, or bonuses that an employee has earned.

What are prevailing wages?

In the state of California, contracted and non-contracted employers are required to pay their employees prevailing wages. Prevailing wages are legally controlled so that there is an even playing field when it comes to paying employees and when it comes to securing contracted jobs.

What is an exempt employee?

An exempt employee is an employee who is exempt from the Fair Labor Standards Act (FLSA) and is not entitled to the benefits listed under the FLSA, such as overtime. Typically, exempt employees are salaried, and may earn higher wages.

What is a non-exempt employee?

A non-exempt employee is an employee is not exempt from the Fair Labor Standards Act (FLSA) and who is entitled to benefits listed under the FLSA. Non-exempt employees are paid overtime if they exceed a 40 hour work week, and are usually paid on an hourly basis.

What can employee do if he/she has not been paid wages or overtime?

When an employee has not been paid wages or overtime, he/she may confront his/her employer regarding the situation. If the employer still fails to play the employee, the employee may choose to take legal action to recover compensation, or may choose to retaliate by reporting the employer to the US or State Labor Department.