How To Prove A California Nonpayment of Wages Claim

 

How To Prove A California Nonpayment of Wages Claim

 

In California, a claim of Nonpayment of Wages is defined as:

Nonpayment of wages refers to actions that violate California labor laws, which stipulate that employees must be paid promptly and in accordance with both minimum wage and overtime regulations. Each wage payment must be accompanied by a payroll record that outlines how the wages and deductions were calculated.

It simply means:

Employers must follow rules related to paying employees or risk paying fines to the state for breaking the rules.

There are 3 elements of the claim:

  • Element 1. The plaintiff performed work for the defendant. The plaintiff did a job or provided services for the defendant, expecting to be paid for that work.

    Facts that might support this element look like:

    * The plaintiff consistently reported to work at the defendant’s location during the agreed-upon hours.
    * The plaintiff completed assigned tasks and responsibilities as outlined in their employment agreement with the defendant.
    * The defendant provided the plaintiff with the necessary tools and resources to perform their job duties effectively.
    * The plaintiff received verbal and written instructions from the defendant regarding their work assignments.
    * The defendant acknowledged the plaintiff’s contributions to the team during performance reviews and team meetings.

  • Element 2. The defendant owes the plaintiff wages under the terms of the employment. The defendant is required to pay the plaintiff for work done, as agreed upon in their employment contract, but has failed to do so, leading to a claim for unpaid wages.

    Facts that might support this element look like:

    * The defendant employed the plaintiff as a full-time employee from January 2020 to December 2021.
    * The plaintiff’s employment contract explicitly stated a weekly wage of $1,000, which the defendant failed to pay for the last month of employment.
    * The plaintiff submitted time sheets documenting hours worked, which the defendant acknowledged but did not compensate.
    * The defendant provided no written notice of wage deductions or changes to the plaintiff’s pay rate during the employment period.
    * The plaintiff repeatedly requested payment for owed wages, but the defendant failed to respond or rectify the situation.

  • Element 3. The plaintiff states the amount of unpaid wages. The plaintiff must clearly state how much money they are owed for work they did but haven’t been paid for, which is an essential part of proving their case in a claim for unpaid wages.

    Facts that might support this element look like:

    * The plaintiff claims that they were not compensated for 40 hours of overtime worked during the last pay period.
    * The plaintiff states that their hourly wage was $15, and they were owed an additional $600 for unpaid wages.
    * The plaintiff provided pay stubs showing a consistent hourly rate but no payment for the claimed hours.
    * The plaintiff asserts that they repeatedly requested payment for the unpaid wages but received no response from the employer.
    * The plaintiff documented their hours worked through time sheets, which indicate a total of $1,200 in unpaid wages.

(See California Civil Jury Instructions No. 2700. California Labor Code sections 201, 202, 218. Hernandez v. Pacific Bell Telephone Co. (2018) 29 Cal. App. 5th 131, 137.)
If you’re in court without a lawyer and plan to assert a Claim of Nonpayment of Wages, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively advocate for your rights.

Prove Your CA Nonpayment of Wages Claim

U.S. Civil Cases Only

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