What Should Employees Do If They Aren’t Being Paid Fairly?

Fair pay for your work is a legal right. When employees are denied their rightful compensation, it can lead to significant financial stress and feelings of injustice. At the Law Offices of Alan F. Cohen, we understand the frustration of wage disputes and help workers address these challenges. With decades of experience in employment law, we are dedicated to helping employees receive the wages they have earned. If you suspect you aren’t being paid fairly, here’s how to take action.

Steps to Take If You’re Underpaid

Recovering unfair pay can be stressful, but addressing the issue methodically can help you resolve it effectively. Here are the key steps employees should take:

1. Document the Issue

The first step is to gather evidence. Keep a detailed record of your work hours, salary agreements and any discrepancies in pay. Save pay stubs, employment contracts and communication with your employer that confirms payment terms. This documentation is critical when presenting your case, whether internally or legally.

Additionally, track any unpaid overtime, denied breaks or incorrect deductions. For example, California law mandates time-and-a-half pay for overtime over eight hours in a day or 40 hours in a week and also specifies rest and meal breaks. Documentation can confirm whether these rules were followed in your case.

2. Report the Problem Internally

Once you’ve identified the issue, report it internally to your manager, HR department or payroll team. This formal communication not only gives your employer an opportunity to correct the mistake but also records your efforts to resolve the dispute amicably. Use email for these communications when possible, so you have a documented trail. If you have any important conversations, document them afterwards by email so there is a record of what people said.

Employers may claim that errors were accidental or due to miscommunication. While this could be true, ensure that corrective actions are undertaken promptly and verify any adjustments.

3. File a Wage Claim

If your employer does not resolve the issue, filing a wage claim is the next step. California employees can file complaints through the Labor Commissioner’s Office either online or in person. The wage claim process investigates whether unpaid wages are owed and often includes a settlement conference to resolve disputes. You can also bring a claim in civil court. Which process to choose and which strategies are more likely to be effective are just some of the issues you may want to talk to an attorney about.

Be aware of filing deadlines. Acting quickly ensures your case is reviewed within this legal window.

How an Attorney Can Help

Navigating a wage dispute without professional guidance can be challenging and intimidating. This is where an experienced employment attorney becomes invaluable. At the Law Offices of Alan F. Cohen, we assist clients in building strong cases by:

• Assessing Your Claim: Our attorneys review your evidence to determine whether your employer has violated labor laws.
• Filing on Your Behalf: We handle paperwork, deadlines and filing requirements, ensuring accurate and timely submissions.
• Negotiating Settlements: If a settlement conference is held, we represent your interests and fight for a fair resolution.
• Litigation Experience: Should your case proceed to court, we provide reliable advocacy to recover the wages you are rightfully owed.

Our firm firmly believes in empowering employees with the knowledge and support to take on even the largest employers. We handle wage disputes for hourly workers, salaried employees and those misclassified as independent contractors.

Get Compensated for Your Entitled Pay

No one should have to fight for what they’ve already earned. If you believe you’re not being paid fairly, the Law Offices of Alan F. Cohen is here to help. Our skilled employment attorney is ready to advocate for you. Contact us to learn how we can help you resolve your wage dispute.