Huntington Beach, CA asked in Employment Law for California

Q: I haven't been paid by two different employers for hours worked before Corona, what should I do?

I've tried reaching out to them multiple times and they've either ignored me or promised to get back to me and proceeded to ignore me. It's not for much, a little over a hundred from each employer, but I paid money to take ubers to work while I was employed and I just want my money for the time worked.

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: You can reach out to the California Labor Commissioner's Office to file an administrative wage claim. It costs nothing but your time, and that office will assist you in getting your pay. Look here for more information on this process: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Note that the law required these employers to pay you your final paycheck on the day you were terminated, or within 72 hours of you quitting the job, and a willful failure to pay means you are entitled to Waiting Time Penalties equal to one day of pay for each day you were made to wait for that final paycheck, up to a total of thirty additional days of pay. That means for both jobs, if you can prove willful failure to pay, you have far more than just a little over a hundred dollars coming to you.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Sorry to hear you are going through this at this difficult time. Employees need all their wages just to buy the necessaries of life. Before going to the Labor Commissioner as Neil suggests, you should consult with an attorney that specializes in Wage & Hour claims for employees. There are a number of penalties that you may be entitled to, including the waiting time penalties up to 30 days (not 1 month, 30 days of pay!) and possibly a minimum wage violation for failing to pay you minimum wages for the time worked. This "liquidated damage" would be equal to your hours worked (inc OT hours) times the minimum wage. Lets say you had a 55 hour week you worked for one employer that they did not pay you for and your agreed rate was $14.00 per hour. They would owe you $875.00 for your agreed upon wages. But they would also owe you an additional $577.50 as "liquidated damages" for failing to pay your wages. They are obligated to pay you twice a month minimum, and if they missed paying you by more than 30 days, all of these penalties can kick in. There are additional penalties for failing to provide you with proper and timely statements of earnings.

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