What is wage theft in San Diego and Southern California and what should area employers know about our state’s perception of this topic and associated enforcement strategies?

The Wage Theft Protection Act

California originally passed the Wage Theft Prevention Act of 2011 (effective Jan 1, 2012) requiring employers to provide employees and workers specific information about their wages and other employment-related information.  The term “wage theft” itself was originally used to describe employers who failed to understand all the nuances, complex details, reporting requirements and application of California employment and payroll laws.  The concern is to ensure workers provide full wages for every hour worked.  Unfortunately, it has become widely overused as a derogative term to paint employers in a negative light when pay-related employee disputes arise.

Since the inception of the original law, the state has added several measures to strengthen their efforts regarding wage theft.  Questions surrounding what is wage theft in San Diego has now expanded to include Private Attorneys General Act or PAGA actions as well as requirements to pay the legal expenses of the Labor Commissioner as well as a fee of $100 per day (up to $20,000) if an employer willfully refuses to comply with an associated Court order.

So What is Wage Theft in San Diego and Southern California

So, back to our original question – what is wage theft in San Diego and Southern California and what do employers need to be aware of and concerned about?  Generally speaking, wage theft allegations are usually associated with wage and hour violations associated with paying workers less than minimum wage for work performed or requiring “off-the-clock” work, failure to make appropriate compensation for overtime and/or failing to provide appropriate meal and/or rest breaks.

This includes issues associated with “piece work” or “piece rate” pay violations, as well as the misclassification of workers as independent contractors.  Recent substantial changes in California law have established the presumption that all workers in California a presumed to be employees, and the legal burden of proof falls on the employer to prove otherwise.  The new A-B-C test for workers requires that independent contractors are free from control and direction over performance of work, and, that the work provided is outside the usual course of the business for which the work is performed, and, that the worker is customarily engaged in an independently established trade, occupation or business.”

Proven San Diego Wage Theft Defense Attorneys

Wage theft claims usually begin the filing of a complaint by an employee (or former employee) or when a terminated independent contractor files for unemployment.  In addition, plaintiffs attorneys are actively advertising for employees who feel they have a valid wage-related claim.

What is wage theft in San Diego and Southern California?  It is a wage-related issue when an employee accuses an employer of not paying them appropriately for the work performed.  If you are an employer and you have received notice from the Labor Commissioner’s office, any state or federal agency, a law firm or consumers advocacy group or been asked to provide information on an employee you need to take immediate action and contact the San Diego employer defense attorneys at the Watkins Firm.  There is no cost for our initial consultation and we can help to diagnose the situation and the potential strategies which might be available to you to immediately remediate or reduce your risk and limit legal and financial exposure.

We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.