California Employment Law
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Thank you for your question. I will do my best to assist you. May I please ask you several preliminary factual questions to begin?
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.
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.
Liquidated damages has different connotations in the law, but yes, this refers to serious and willful damages.
Liquidated damages typically is a specified amount of damages in a contract clause that a breaching party must pay, regardless of actual damages.
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?
Yes, the waiting time penalties are in addition to any damages for a violation determined to be "serious and willful."
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.
My email address is [email protected] Thank you for your help.