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Liquidated Damages claim in Unpaid wages(not for LawTalk, need

Resolved Question:

Liquidated Damages claim in Unpaid wages(not for LawTalk, need different opinion):

Wanted to check about Liquidated Damages.

- What are the basis on which one gets Liquidated Damages awarded?
Does the employee need to prove anything?

- How it is calculated? Is it calculated based on minimum wages or actual pay rate of the employee?

- Please provide me details or link of any case where Liquidated Damages were awarded at the rate higher than minimum wages.

Thanks !
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello again,

Didn't you and I already cover this (maybe you meant not for socrateaser, rather than lawtalk)?
Customer: replied 1 year ago.


please opt out.


 


Not for socrateaser, lawtalk

Expert:  Joseph replied 1 year ago.
Hello Raj,

I looked over your correspondence with LawTalk, and fully support his knowledge, opinion, and interpretation of the law. The liquidated damages are based on what your rate of pay was (as agreed by you and your employer, or based on your previous rate of pay) it is not minimum wage.

You are entitled to liquidated damages of the amount in wages that you were not paid, which essentially doubles the amount in wages that you are owed. You are entitled to this amount as long as the employer's failure to pay you your wages was willful, which since you were not paid anything here, it obviously was. So, your burden of proof will be met by the facts alone, and it wouldn't be necessary for you to put on any additional case.

On top of that, you are also entitled to waiting time penalties of a day's wages per day you were required to wait to receive your wages.

All you need to demonstrate is that your employer's action was willful. Since they failed to pay you ANY wages, proving that their non-payment of wages to you was willful is a given and you will have no trouble being awarded liquidated damages on top of the amount that is owed to you for unpaid wages.

It would be the same amount, so if you are owed 1,000 hours for unpaid work at $55 an hour, you would receive $110,000 in wages and liquidated damages rather than just $55,000.

It is unnecessary to find case law that supports this, because the law is clear on its face and does not need judicial interpretation.

Please see this site for additional information regarding liquidated damages:

http://labor-employment-law.lawyers.com/wage-and-hour-law/Liquidated-Damages-and-FLSA-Claims.html

I hope this information is helpful.

Thanks, XXXXX XXXXX luck, and have a great weekend!

-Joseph

Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Raj,

Please let me know if you have any follow up questions regarding the above information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!

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