Employer says I was on “bench” during project hold, but I kept working full-time and now they may only pay minimum compliance hours. What should I do?
Location: California, USA
Here is the situation.
I was assigned to a client/project through my company. The project apparently went “on hold” from a billing/approval perspective, but I was never clearly told that I should stop working on it, that the work would no longer be paid as project work, or that I was only considered to be on bench during that period.
From my side, I continued working full-time on the project. I was doing technical project work in the company/client environment, joining project calls, coordinating with team members, troubleshooting issues, testing deployments, preparing updates, and working on deliverables. This was not personal learning or optional research. It was project-related work for the company/project, and my managers/team members were aware that I was actively working.
I have call logs, emails, Teams messages, calendar invites, and project communication showing that I continued working during this period. Some messages are from project managers/team members asking me to test things, check issues, join calls, work on documentation, and support project work. I also have email chains involving the client/vendor side showing active project coordination during the same period.
Recently, I spoke with finance. My understanding from the call was that they consider only a fixed number of approved project hours payable, and for the period when the project was “on hold,” they may only pay me a bench/compliance minimum amount instead of paying me for the full-time project work I performed.
This is what feels extremely unfair to me. If I was supposed to be treated as bench, I should have been clearly told that at the time so I could stop project work and focus on interviews, bench placement, or other opportunities. Instead, I continued working in good faith because I trusted the company and believed the payroll/H1B situation would be handled properly.
I also received two $0 paychecks during this period, even though I was still working. The last date properly accounted for pay in my timesheet was around mid-April, and this has now gone on for weeks. I have been following up politely through email and Teams, and I have escalated internally, but I still do not have clear written confirmation on how the work will be reviewed and compensated.
This is affecting me in multiple ways:
I am worried about STEM OPT compliance because payroll/employment documentation matters.
I am worried about my H1B filing because the company had discussed the need for a proper full-time/40-hour structure.
I am financially drained because I relocated for the H1B/job requirement and have rent, deposit, and moving expenses.
I feel stuck because I was actively focused on this project and was not really pursuing other interviews or placements during this period.
I am not trying to attack anyone. I just want to understand my options. If an employer lets/asks an employee to keep doing project work during a “hold” period, but later says that time only counts as bench/minimum pay, what can the employee do?
Should I:
File a wage claim?
Talk to an employment attorney first?
Contact my university DSO about STEM OPT documentation?
Ask the company to put their position in writing?
Stop doing project work until payroll is clarified?
I am especially interested in advice from people familiar with California employment law, STEM OPT situations, staffing/consulting companies, or wage claims.
Thank you.