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Category: California Employment Law
Satisfied Customers: 28000
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My 23 y/o daughter was employed as a caregiver for a Regional

Customer Question

My 23 y/o daughter was employed as a caregiver for a Regional Center client. She was not employed by regional center, but by a person who 'contracted' her to provide services.

My daughter was being paid 3000.00 a month for her services. The 'client' was receiving 3500. from Regional Center (500 being kept by 'employer') for care, plus an additional 700 payable specifically for rent.

The 'clients' father cut her hair, against my daughters 'employers' wishes.

Daughter was instructed to sign a contract stating she would 1. 'improve' caregiving, 2. Attend no more than 2 AA meetings a month (she is 6 years in recovery), 3. Not file for full custody of her child, and 4. that any time in the next 30 days her services could be terminated

Daughters 'boss' showed up 2 weeks later, and removed client from her care, stating that she just was not happy with my daughter.

My questions are this,
1. Rent is due on the 1st of month (Though boss would never get it to daughter on time). Client was removed on the 5th of month. Her 'boss' gave her a check for $94.00 even though she stated the rent would be paid for that month. Is the client not obligated for the months rent?

2. My daughters 'salary' was also prorated to $400.00, and paid to her three weeks after termination. Pay was 'due' on the first, but typically paid up to 3 weeks late. She got her first check 6 weeks after she started caregiving. Is she entitled to compensation for the previous month?

3. Should she report the 'employer' to regional center for siphoning 500 per month off the clients funds?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

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

Customer: replied 1 year ago.


Good afternoon.


 


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.

Expert:  LawTalk replied 1 year ago.

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:

http://www.thefreelibrary.com/Pursuing+an+FLSA+claim%3a+many+employers+have+figured+out+how+to+skirt+...-a0183316511



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

Expert:  LawTalk replied 1 year ago.
Good evening Beverly

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug

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