Legal Question in Employment Law in California
moneys owed by employer
Between Aug. 30th & Sept 3rd I helped move an office in Los Angeles. I helped move this co. on other times and had no problem being paid. This time, the employer stated that she did not have the funds to pay me right then. But I should keep track of my hours and she would pay me in about 3weeks. I have not been able to get in contact with her. She owes me $166. in pay. She as left messages at her office stating she thought I was doing it as a favor. this does not add up, as she told me to send her a bill. this was just a side job, not my regular employer. Do I have any recourse? What can I do? Thanks
2 Answers from Attorneys
Re: moneys owed by employer
File a claim with the California state Labor Commissioner.
Re: moneys owed by employer
This response assumes you performed the services for a California business within the state. Your question is unclear whether you performed the services for this employer as its employee or independent contractor. If you regularly perform the same or similar services for other employers and bill them for those services, you may be considered to be an independent contractor. If so, your only recourse may be through filing a small claims action against her for amounts past due. On the other hand, if you do not qualify as an independent contractor, you may have enforceable rights to compensation as an employee, as such are more fully set forth in the California Labor Code. Irrespective of the scenario, you probably have 3 or more options available to you: file a small claims action against her, file a complaint against her with the California Labor Commissioner, or seek the advice of a local employment attorney.
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