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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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We are in CA we hired a sub contractor from WA. I just found

Customer Question

We are in CA we hired a sub contractor from WA. I just found out he has not paid his employees what do I tell them? Terry
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 3 years ago.

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Typically speaking, a contractor cannot be responsible for the wages of a licensed subcontractor. If, however, the subcontractor you hired was unlicensed, you could be in some trouble.

Employment-LawExpert :

If the contractor is licensed, then you can point the employees to the Washington department of labor (or California if the employees are based out of California) here:

Employment-LawExpert :

http://www.lni.wa.gov/

Employment-LawExpert :

They can make a wage claim against the subcontractor leaving you out of it.

Employment-LawExpert :

However, if subcontractor is unlicensed, then under Sanders Const.Co., Inc. v. Cerda you could be held liable if you continued to work with the subcontractor knowing that they were an unlicensed subcontractor.

Employment-LawExpert :

In this instance, you should go out and hire an employment attorney in your area immediately to make sure you end up paying as little out of pocket as possible for this. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Employment-LawExpert :

Have a wonderful rest of your day.

Customer: replied 3 years ago.


So I tell the employees in CA to contact WA labor board? Terry

Expert:  Brandon, Esq. replied 3 years ago.

Hi Terry,

That completely depends on where the work was performed and where the employees are based. If the subcontractor hired California employees to do work in California, then they would make an unpaid wage claim in California. The location of incorporation does not matter. This can be done here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

However, if the subcontractor hired Washington employees living in Washington and the work was done in Washington or on a one time basis in California, then they would file in Washington.