Legal Question in Employment Law in California

1.I just recently file a wage claim with the DLSE. I have a few questions. I am a union represented employee and as such a union dues "checkoff" is deducted from my hourly pay. My "gross taxable wage", as it is called, includes this "dues checkoff" amount. For the purposes of calculating waiting time penalties would the gross wage be used or the gross wage minus the dues checkoff amount?

2. During the course of employment, and my final termination check, I was not paid my "gross taxable wage". I was paid at the rate which did not include my union dues checkoff. The dues checkoff is normally withheld by the employer but it is still considered my wages and I am taxed on it Would waiting time penalties continue to accrue since I was never paid at the correct rate?

3. Can wage statement violation penalties pursuant to LC 226(e) only be recovered in court, or can the DLSE recover these penalties?


Asked on 9/09/09, 4:30 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The DLSE has always based its waiting time penalties on the gross wage of the employee. I see no reason why it would reduce that gross amount for a deduction for union dues. Just make sure you bring with you all documents that show your gross wage.

Waiting time penalties accrue at the rate of a day's pay (your average daily gross pay) up to a maximum of 30 days. They do not continue to accrue after 30 days.

You can recover statutory penalties in court or in the DLSE. Make sure they are a part of your claim.

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Answered on 9/09/09, 1:45 pm


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