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jkiani22
jkiani22, Attorney
Category: California Employment Law
Satisfied Customers: 50
Experience:  Attorney
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I work for a CA LLC selling electronic displays. I have spoken

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I work for a CA LLC selling electronic displays. I have spoken to Lawyers on a few occasions on Just Answers about this matter. I am considering filing either a Labor Relations claim or filing a law suit against my employer because they are 7 payrolls in arrears and I have not been paid any commissions in 2013 (together a total of approx. $35k). I was told last week, that I can also ask for Liquidate Damages, essentially doubling the amount I am owed, because this has caused me severe harm (financially and emotionally). My question is: If I file a claim with CA Labor Relations, how long would it probably take before I can expect payment. I'm totally out of money at this point, so I need to do something that can help as fast as possible. Thank you.
Submitted: 8 months ago.
Category: California Employment Law
Expert:  jkiani22 replied 8 months ago.

Customer:

Thank you for your question. I will do my best to assist you. May I please ask you several preliminary factual questions to begin?

Customer :

Yes. Thanks

Customer: 1. By "labor relations" claim, do you mean a DLSE wage claim before the CA Labor Commissioner?
Customer :

yes

Customer: Okay. Thank you.
Customer: you will most likely be entitled to waiting time penalties, not liquidated damages so I am unsure what you mean about liquidated liquidated damages but you are entitled to up to 30 days in waiting time penalties which is essentially one hour of pay for every day you have to wait to receive payment on each hour that has not been paid
Customer: As for when you can expect payment, there is a process by which your claim is evaluated and determined by a representative of the department of labor standards enforcement. as for the estimated time, it will vary depending on whether the employer makes or excepts a settlement offer and what how busy the department is so it will vary as for payment if your claim is successful but probably within the six-month timeframe
Customer :

Waiting time has averaged approx. 50 days late for the past 7 payrolls. Since I have not been paid any commissions at all during 2013 (approx $10k), that amount would total a significant amount of time also. The last attorney I spoke to told me that, CA added Liquidated Damages to DLSE claims last year (Gov. Brown signed it I guess). He said, because the company and the Partnerns (an LLC investment fund owning 97%) have knowingly and willingly witheld payroll and commissions to me (and my 4 fellow employees), that I should be able to claim liquidated damages too.

Customer: I believe liquidated damages is the wrong term but you would be potentially entitled to increased damages if the dept. finds that the violations are "serious and willful" under CA Labor Code section 132
Customer :

http://www.shawvalenza.com/publications.php?id=343 Is an article titled The DLSE Has Broad Authority to Award Liquidated Damages (by XXXXX XXXXX Shaw). It starts out by saying that Gov. Brown signed legislation amending Labor Code sections 98 and 1194.2 effective Jan. 1, 2012. The new provisions allow the Div. of Labor Standards (DLSE) to award "liquidated damages" to employees who file administrative claims with the agency. Previously, liquidated damages were available only in court actions.

Customer:

Liquidated damages has different connotations in the law, but yes, this refers to serious and willful damages.

Customer:

Liquidated damages typically is a specified amount of damages in a contract clause that a breaching party must pay, regardless of actual damages.

Customer :

Are the waiting time damages considered to be one thing....and "possible" liquidated damages another? In otherwords, if there is a possibility of asking for liquidated damages, could I ALSO ask for the wating time penalty damages?

Customer:

Yes, the waiting time penalties are in addition to any damages for a violation determined to be "serious and willful."

Customer :

OK, so I can at least ask for liquidated damages too. It's a long story, but the investors are hoping that some big sales might come in that I have in the pipeline...., but in the meantime won't pay me for my efforts and their excuse "No sales, no payroll". Pretty sure that's illegal.

jkiani22, Attorney
Satisfied Customers: 50
Experience: Attorney
jkiani22 and 3 other California Employment Law Specialists are ready to help you
Expert:  jkiani22 replied 8 months ago.
If you provide me with your email address I can send you some free informative helpful guides on filing wage claims and I also routinely file wage claims on behalf of my clients and can give you information about that as well.
Expert:  jkiani22 replied 8 months ago.
Please also let me know if you have any additional questions.
Expert:  jkiani22 replied 8 months ago.
Please also let me know if you have any additional questions.
Customer: replied 8 months ago.


My email address is XXXXX@XXXXXX.XXX Thank you for your help.

Expert:  jkiani22 replied 8 months ago.
Please also let me know if you have any additional questions.

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