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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 116743
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My employer has been bouncing paychecks chronically, and now

Customer Question

My employer has been bouncing paychecks chronically, and now has failed to pay the premium for our health insurance, even though money is still being taken out of our checks for it. Per the ins company, there have been no payments made in four months, and as a result, the entire group is terminated. There was no notice given by the employer. Do we have any recourse, and what are the ramifications for next year's taxes since we are now uninsured? Please let me remain anonymous, as my employer would use this posting against me.
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.
This is a violation of the Fair Labor Standards Act and the CA Wage Act and it entitles you to sue the employer for failure to pay wages and you can seek to recover up to THREE TIMES the wages not paid or check bounced, plus attorney's fees. That is the first step. You can file a complaint against the employer with EDD and also the US Department of Labor Wage and Hour Division for investigation in addition to suing the employer.
If they were taking money from your pay to pay insurance, you would also have a potential claim for theft which you could file with the local District Attorney against the employer. Also, you would be able to sue the employer for damages.
For 2015 taxes, the insurance can be reported as compliant. For 2016 you need to sign up at the marketplace to get insurance or you could face the penalties and the employer too can be penalized. This cost of you getting new insurance and for the insurance you lost would be part of your wage suit against the employer.

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