Legal Question in Employment Law in California

My employee contract says my wage is $18/hr, but I've been getting paid $16/hr, which I didn't catch until months later. Do I get to ask for backpay? Do they have to start paying me 18/hr now? (Our paychecks didn't break down our hours and wages until last week, which is why I never noticed.)


Asked on 5/07/11, 7:31 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Based on your post, you may have a breach of contract claim which would result in the payment of all wages lost due to the breach. The employer should have been breaking down the hourly pay in your itemized statement, which may indicate they were concealing the breach of their obligation. If you cannot get this resolved internally, you can file a wage claim with the California Division of Labor Standards Enforcement.

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Answered on 5/07/11, 10:56 am


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