Legal Question in Employment Law in California
labor code 202a
I formally resigned (written proof) from a contract position 1 week ago. My employer has not given me a final paycheck. The labor code 202 states that they must pay me within 72hrs. Does this law apply to a contract worker? Also, I signed two contracts on 11/18/06, one official and one casual. The casual stated it expired 5/20/07, the official had no expiration date. I was given a second casual contract on 5/20/07 for another 6 months that I never signed. I wanted part of it changed, but it never happened. I kept working until last Tuesday. Although I never signed the second casual contract, I have proof (pay checks and payroll sheets) and witnesses that I was working in the facility between 5/20/07 and 7/24/07 and am due payment for that work. Do I have the right to collect the penalties under code 202? And if I do, when so the penalty charges start? The day directly after I resigned or the days after the 72hr period?
2 Answers from Attorneys
Re: labor code 202a
I don't know what you mean by being a contract worker but if you were a true independent contractor, the labor code does not apply to you. However, many employers misclassify employees as independent contractors, so you may still have a claim under the labor code. The facts determine your proper classification, not what they call you. There are many factors that go into this determination, so you may wish to consult with an employment law attorney in your area, or someone from the Labor Commissioner's office or the Employment Development Dept.
But even if you were a true independent contractor, you still have the right to be paid for your services. You could file either a small claims action or a lawsuit, depending on how much is owed to you.
Re: labor code 202a
Contractors, who are not employees, are covered by the terms of their contracts, not by the Labor Code or its time limits or penalties. You can always sue if not paid, and seek interest.
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