What is the Cost of a Wage and Hour Lawsuit?

Damages for Failure to Pay Minimum Wages

If an employee is not paid at least the minimum wage for each hour that he or she works, the employee can recover:

1. The minimum wages that the employee should have been received;
2. An additional payment of the amount of the minimum wages the employee should have received as liquidated damages;
3. Interest on the wages the employee should have received;
4. Attorneys’ fees;
5. The costs of prosecuting a lawsuit.

The failure to pay an employee minimum wages for each hour that he or she works can also trigger additional violations of the Labor Code.

For example, if an employee is not paid all of the wages he or she is owed, then the wage statements provided to that employee will necessarily be inaccurate which is a violation of Labor Code Section 226(a). An employee can recover up to $4,000 for a violation of Labor Code Section 226(a).

Additionally, if an employee has not been paid all of the wages he or she has earned and the employee is terminated or resigns their employment, the employee will necessarily not have been paid all of the wages they earned in the time periods mandated by California law following their termination or resignation. Therefore, based upon Labor Code 203, because of the employer’s failure to timely pay all wages due, the employee is entitled to collect the entire amount of their daily wages for up to thirty days as a penalty.

Damages for Failure to Pay Overtime Wages

If an employee is not paid proper overtime wages for each overtime hour that he or she works, the employee can recover:

1. The amount of overtime wages the employee should have been paid;
2. Interest on the overtime wages the employee should have been paid;
3. Attorneys’ fees;
4. The costs of prosecuting a lawsuit.

The failure to pay an employee proper overtime wages for each overtime hour that he or she worked can similarly trigger additional violations of the Labor Code.

For example, if an employee is not paid all of the overtime wages he or she is owed, then the wage statements provided to that employee will necessarily be inaccurate which is a violation of Labor Code Section 226(a). An employee can recover up to $4,000 for a violation of Labor Code Section 226(a).

Additionally, if an employee has not been paid all of the overtime wages he or she has earned and the employee is terminated or resigns their employment, the employee will necessarily not have been paid all of the wages they earned in the time periods mandated by California law following their termination or resignation. Therefore, based upon Labor Code 203, because of the employer’s failure to timely pay all wages due, the employee is entitled to collect the entire amount of their daily wages for up to thirty days as a penalty.

Damages for Failure to Provide Meal Breaks

For each day that an employer fails to provide an employee with a meal break that the employee is entitled to, the employee is entitled to receive one hour of additional pay at his regular rate of pay.

Moreover, if the employee worked through what should have been his or her meal break, the employee must be compensated for this time they spent working.

Damages for Failure to Authorize and Permit Rest Breaks

For each day that an employer does not authorize and permit an employee to take a rest break that the employee is entitled to, the employee is entitled to one hour of additional pay at his or her regular rate of pay.