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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 112765
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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California state did not pay me I put in. Claim wages are 34.20

Customer Question

California state did not pay me I put in. Claim wages are 34.20 an hour it's been a month I get 267.60! Per day for penalty of non payment plus 1,880 unpaid wages. I am also suppository get 9.80 an hour for health and welfare and 7.80 an hour for my pension ...am I able to receive pension and health and welfare also with non payment penalty?
Also since I wasn't paid my car insurance payment was late then I got into an accident and they say I am not covered. It's unfair I wasn't able to make the payment because I wasn't paid . Can anything be done about that?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What was the reason they gave for not paying you? Did you file an appeal?
Customer: replied 1 year ago.
Yes I filed a claim , they gave no reason for not paying me . All I received was a partial check and they called it a payroll advance, it was I think 760 dollars. But they took no deductions out of it and I half to pay that back when I do get paid . But they never gave a reason other than all payroll must be approved by someone in Sacramento before a chech is issued.. And how they came up with the 760 dollar figure is a mystery to me.. I've called and never received a call back , I'm sure the idiot who terminated my employment wasn't smart enough to get my time card and turn it in. I never got a check just a emergency payroll advance that's what they called the check and that was on my first scheduled payday, but their is no reason why I did nothing wrong. Mr Ed Malian who terminated my employment didn't tell me he called my union hall and asked them how he should handle my pay, my Union hall said when you terminAte employe meant state law says you pay all money owed to employee right then same day. I got a third of what they owed me at best and that was a so called payroll advance
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Did you actually not get paid for hours you actually worked?
Have you filed an appeal of the denial of your wage claim with the department of labor? (http://www.dir.ca.gov/dlse/dlseWagesandHours.html)
Customer: replied 1 year ago.
Yes I actually did not get paid for hours I actually worked. I had 45 hours regular time and 8 hours overtime owed. Each hour I should receive 34.20 on check plus 7.80 an hour into my pension and an additional 9.85 into my health and welfare. Which totals 2,333.25 I should have received 1,778.40 on a check and the rest into my pension and health and welfare ........I received 768.11 on a salary advance. I didn't ask for any salary advance but that's how and what they paid . And haven't heard or seen anything since that day on 5-22-2015
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
At this point if the state denied your claim, you need to file a wage claim. I asked if you filed a wage claim with the CA Wage and Hour Division, you did not respond, but if you did and they denied your claim, then you need an attorney at this point to file an appeal and get a hearing before the hearing officer where you will have to present your evidence of working and how much you worked as opposed to what you were paid for. If you did not make a wage claim with wage and hour yet, you have to make your complaint to them and send them all of the records you have showing what you should have been paid for them to make a determination, for which you do not need an attorney.
If you lose in an appeal hearing to Wage and Hour, you would need an attorney locally to file your wage suit in court to prove the wages due there, plus penalties and attorney's fees as provided for in the wage law.
Customer: replied 1 year ago.
Yes I filed a claim for non payment of hours owed to me. Hearing is set on July 2 ,2015 and penalty pay is 273.60 a day for every day I have not been paid since my employment termination maximum of 30 days which equals 8,208
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
So if you filed the wage and hour claim and the wage and hour division denied you then you have to file an appeal with an attorney to get before a hearing officer and if they deny you in your appeal, you can go to superior court to seek to vacate the ruling.
Customer: replied 1 year ago.
My question is do I get my health and welfare and since I wasn't paid and my car insurance lapsed and I was in an accident now that money to fix vehicles comes out of my pocket, I couldn't cover the insurance since I wasn't paid by the statE. So can that be added as damages due to the fact of non payment
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am afraid you cannot get damages for your accident because their failure to pay you caused you to not be able to pay your insurance. All you can get is your lost wages and the penalties for not paying your lost wages, plus attorney's fees.
Customer: replied 1 year ago.
will my health and welfare and pension be included in my penalty pay. My pay per day is 414.80 for 8 hours of work .... 17.65 is pension and health and welfare the 34.20 is cash on check
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
All of your benefits, including any health and welfare not paid under the prevailing wage law, would be included in what you were due for the hours you worked but were not paid for.