Unpaid Wages for Unclaimed Hours

By Gregory Thyberg on December 20, 2018


Woman working at nightThere are state and federal laws in place that protect the rights of workers. One of these is the right to receive fair wages for all work. These employment laws are intended to ensure that all workers are justly compensated for the hours they devote to their place of employment.

Unfortunately, some employers find ways to get free work out of their employees.

Attorney Gregory Thyberg has extensive experience filing wage and hour claims to help clients fight for the compensation they are due. If you believes that you are owed payment, you should work with an employment law attorney who can gather the evidence necessary to help substantiate your claim.

Here, we discuss lawsuits for unpaid wages for unclaimed hours. Read on to learn more, and then contact our Sacramento, CA practice for a case review.

Examples of Unclaimed Hours

It can be difficult to understand how workers could have unclaimed hours. However, it is actually more common than you would think.

In some cases, workers are encouraged to continue working, even when they have punched out for the day.

Common forms of unclaimed wages include:

  • Working from home
  • Working through meals or other breaks
  • Working while on vacation or while using sick leave
  • Staying late at work after clocking out

Proving Unclaimed Hours

Wage disputes involving unclaimed hours can be particularly tricky because there is no official record of the hours that an employee worked.

Since the hours were never claimed, the burden falls on employees to:

  • Show that they worked unpaid hours, and
  • Show that the employer was aware of the unpaid work or even encouraged it

Some of the evidence that can be helpful in these cases include:

  • Written notes, diaries, or other documentation of all unclaimed hours
  • Witness testimony from co-workers
  • Interoffice communication, including emails or voicemails
  • Paystubs to show the wages that were paid

Compensation for Unclaimed Wages

Mr. Thyberg will help clients fight for the maximum compensation they are due for their unpaid wage claim.

In addition to collecting backpay for all unclaimed hours, our clients may also seek compensation for interest and legal fees.

In some cases, the court may even award penalties. This is usually done when it can be shown that the employer willfully advised the employee to work without making a claim for the full number of hours worked.

Learn More

If you have been denied payment for the full extent of hours you have worked, you may have a wage and hours claim. Contact us at your earliest convenience to discuss the details of your case and learn more about your legal options. You can reach our practice by calling (916) 204-9173.

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