Legal Question in Employment Law in California
My friend is 77 years old, worked in a Hotel in Los Angeles, CA, for 17 years full time as a Manager, and received a room, but no board as part of his compensation. In 1993, his first year of employment, he received $5/week, plus room. In August of 2010, he became ill, and had to stop working. He was receiving $55/week, plus room. He is now attempting to collect Social Security retirement benefits, and his employer has paid him in cash during the length of employment. In addition to being paid dramatically low wages, he was denied 17 years of payments into the social security system, which has dramatically reduced his benefit amount.
Because he was paid below the California minimum wage, is he entitled to sue the employer for back wages? I have contacted the Wages and Hour Division of the Department of Labor, and they are assisting him to an extent. They advised me to retain an attorney. He will also cooperate in any investigation by the Department of Labor for labor law violations, and both the state of California and the IRS for any investigation involving defrauding both California and the IRS of payroll tax revenue.
2 Answers from Attorneys
I'd love to hear directly from your friend. The law says the employer has to pay his attorney fees.
Your friend is entitled to significant back wages and penalties under both state and federal law,and he may have claims for not only unpaid wages and benefits, but also elder abuse.
I recommend that he immediately consult with an attorney with experience in such cases. He can retain an attorney on a contingency fee basis, which means that he will not have to pay any fees unless he wins, and, generally speaking, those fee ends up being paid by the employer.
If your friend would like a no obligation, no cost consultation, please have him contact my office.
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