California Employment Law
California Employment Law Questions Answered by Legal Experts
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.
Please complete the answer.
As he paid me the wages, though late, am i not eligible for liquidated damages & interest now?
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.htmThis, 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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).