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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1851
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Hello ! I work in IT. My employer (in CA) and me stopped

Resolved Question:

Hello !

I work in IT. My employer (in CA) and me stopped working together in Aug 2011.
He didn't pay my july Salary at that time. He paid my July 2011 salary in October 2011 when i sent him timesheets.

What options are availalble to me as far as penalties, wages, interest, damages etc?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.
Concerning getting paid, there is an easy solution. You would simply need to file an unpaid wage claim here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

As for what you are entitled to, you are entitled to all wages, and a 30 day waiting time penalty where you will receive your daily wage for a period of 30 days in addition to what you are owed. Unfortunately, there would be no interest or damages until aftward an award. Then, any failure to pay would result in interest from that date.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Have a wonderful rest of your day.

Customer: replied 1 year ago.

Please complete the answer.


 


As he paid me the wages, though late, am i not eligible for liquidated damages & interest now?

Expert:  Brandon, Esq. replied 1 year ago.

The types of damages you are talking about are considered to be "civil" damages in any breach of contract claim. To get them in an unpaid wage claim a number of factors must be present. First, you must follow the procedures set forth in the Private Attorney General Act (PAGA). However, you should note that these types of claims are rare as you will ultimately have to give the LWDA 75% of the penalties you receive. Cal. Lab. Code section 2699 (i) You are correct that if an employer fails to pay an employee at least the minimum wage and the employee files a wage claim, then the employee can recover the total in unpaid minimum wages, plus an additional penalty of "liquidated damages" in an amount equal to the minimum wages owed. This would have been applicable to you had you filed a formal wage claim against him to get the amount owed. You still may be able to get them in August if he has not paid you for some amount, however, because he has, this will be more difficult. In addition, you would be entitled to any attorneys fees or costs that you may accrue in getting the money owed to you. But again, this would be as a result of you filing a wage claim.

Because he has paid you, and because you had not yet filed a claim, realistically, you are looking at receiving a waiting time penalty for not being paid on time. An employer who "willfully" fails to pay all wages owed at the end of an employee's employment will have to pay a maximum of 30 days of wages as a penalty. The thirty days of wages are whatever an employee makes in one day (including an average of overtime hours worked), times the employee's rate of pay, times 30. More information about this can be found here:

http://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htm

This, however, is not to say that there are not other types of damages that may be available to you. For example, you may be entitled to payment for any breaks or lunches you were not given as well as overtime for hours worked. The best option in that instance would be to get an attorney involved who can talk to you about why you weren't paid, the hours you worked, and the type of compensation you were entitled to. More often than not, there are many types of damages that may exist depending on the circumstances. If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with. As I mentioned before, California law allows for you to recover attorneys fees on any amount owed.

Brandon, Esq., Lawyer
Satisfied Customers: 1851
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Brandon, Esq.
Brandon, Esq.
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336 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.