Legal Question in Employment Law in California

Paid under the table... by the piece

I am an antique furniture finisher working for a couple who sells the finished furniture at shows around the country. I am paid under the table in the form of piecework. My hours most often exceed 40/week, and when I break it down, I am being paid about $3.00/hr. I have worked for them for over 4 years, I run the whole operation, have keys to the place and do very fine work, yet there are no records available except for what I document, which is everything. The owner refuses to pay me by check, or use a timeclock...it's all under the table, and each time I bring the wage thing up, he avoids it completely. It was ok when I was totally single and had zero baggage, not ok, but sort of acceptable, but now I am attached and want to make at least the wages that employees in comparable positions, and who are employed legally, make. Based on my research on America's Job Bank, with the work I perform, and at my skill-level, I should be making somewhere between $11.00-$17.00/hr. The owner targets homeless, or underemployed males so he can get away with this type of situation...and has done so for years. I am the first to address this issue, especially since I have invested over 4 years of my life in it. Please advise!


Asked on 9/01/05, 2:34 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Paid under the table... by the piece

You can file a claim with the Labor Commissioner. As long as you have some way of showing your hours, you can recover back pay and OT, but it will probably result in a contested case. You would be best off hiring an attorney to represent you in the hearings and trial. Contact me if interested in doing it right.

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Answered on 9/07/05, 8:48 pm
Thomas Pavone Pavone & Cohen

Re: Paid under the table... by the piece

The first step will be to secure evidence of your work hours. Get a calendar for the past 4 years and document your days and hours of work. Make allowances for holidays and vacations and any other time off and be as accurate as possible. When complete, contact me to disccuss the best approach to your claim. There are ways we can secure information to prove your work hours, but it would be wise to keep silent until that information is nailed down.

Feel free to contact me if you would like to pursue your claim.

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Answered on 9/09/05, 4:37 pm


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