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IF THERE IS NO WAGE STATEMENT: If an employer fails to provide the employee with a wage statement or fails to keep records, the employee may be entitled to penalties under Labor Code section 226.3 or $250 for the initial violation and $1,000 for each subsequent violation.
An employee who has not received the lawful minimum wage after notifying his or her employer and giving the employer 15 days to resolve any claims for unpaid wages may bring a civil action in a court of law against an employer to recover back wages plus damages and attorneys fees.
If your employer willfully refused to pay you, you have up to five years to make a claim. To prove a willful violation, you must demonstrate that your employer either knew it was violating the law, or it showed reckless disregard for whether its pay practices were illegal.
For those working in the private sector, there are not such specific regulations. However, both Federal and State Law dictate that employers are obligated to pay the correct wages and in a timely manner. Therefore, if an employer is violating this law, employees can file an unpaid wages claim.
It serves as proof of income and includes information necessary for financial tracking and tax compliance. Key components of a wage statement include gross earnings, itemised deductions (such as taxes, pension contributions, or health insurance), and net pay (the amount paid after deductions).
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