California Employment Law
California Employment Law Questions Answered by Legal Experts
Good morning,I'm Doug, and I'm very sorry to hear of your daughter's situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.1. Was the rent paid to her 3 weeks late as well, or just her final wages?
2, When was the rent paid to her?Doug
The rent check, while dated for the 6th was given to her on or around the 15th of the month.
She has not cash either check yet.
Good afternoon Beverly, Thank you for the additional information. Now, if the matter were to go to court, the judge would probably find that there was no legal obligation to continue to pay for the rent after the patient was removed from her care---as the rent payment was part of her ongoing wages. However, under CA law, the employer is legally obligated to pay all of the wages owed to an employee the very day that they are terminated. And if the wages (which in this case would include the rent), the employer can be forced to pay normal daily wages for the employee for up to 30 days after termination, or until the employer pays the wages owed. So if your daughter was let go on the 5th and did not get her pay until 2 weeks later, the employer owes her for those additional weeks for both her normal wages and for her rent. Please show the following information to your daughter, as it explains her rights to her and how she can get her money back.
You may actually sue the employer in court and recover your wages/commissions. Additionally, if you sue in court, under federal laws (FLSA), you are also entitled to seek what is called Liquidated damages. Liquidated damages is equal to the amount of back wages that they owe you and must be paid in addition to the wages themselves---so you essentially get double the wages owed you in the claim based on their willful failure to pay you. Additionally, you will be entitled to be awarded costs of the court as well as your attorney fees incurred in filing suit and litigating it against your employer. http://labor-employment-law.lawyers.com/wage-and-hour-law/Liquidated-Damages-and-FLSA-Claims.html
A recent law signed by the CA Governor, allows CA employees to seek liquidated damages when making a claim to the Division of Labor Standards Enforcement (DLSE), just as they could if suing in court initially. So in CA whether you make a claim to the Division of Labor Standards Enforcement, or file an action in court on your own, you may seek liquidated damages. Here is a link to an article on the change---good for CA employees, but bad for CA employers: http://www.shawvalenza.com/publications.php?id=343
The award of liquidated damages is mandatory unless employer shows that (A) act or omission giving rise to violation was in good faith and (B) the employer had reasonable grounds for believing that
act or omission was not a violation of 29 U.S.C.A. § 216(b). This is a very difficult standard for the employer to meet.
Here is an excellent article which deals with pursuing an FLSA claim---which you may do in either state court or federal court. Do take the time to review it:
Your daughter may contact the local CA department of Employment and make a wage claim and they will assist her in getting paid, including the wages owed because the employer did not pay her final wages on time. She may also seek the liquidated damages. You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013, Doug
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