Legal Question in Employment Law in California

I worked as a live in caregiver for a home care agency for 3 years, had me signed an independent contractor, got terminated in Dec, elderly patient does not need my service anymore, EDD approved my unemployment. I realized the agency did'nt pay me right, did'nt pay me overtime,i got paid per day, i worked more than 8 hrs on my 4 or 6 days a week schedule,sometimes i worked straight days, I don't get enough sleep at work as the elderly i'm working is a 24 hour care. I filed an overtime wage claim and rest periods with DLSE, attended conference last July, commissioner asked employer if she want to settle but is disputing, if the case will go to a hearing, i was told it might take a year or so, I also overlooked my claim, like misclassification as independent contractor, no wage statement on pay stubs (i was paid straight, no deductions), late penalties. My total claim was $124,000. If my former employer don't want to settle and i decide to cancel DLSE and go to the Supreme Court with a lawyer, how long will it take. All caregivers working in the agency are also independent contractors.


Asked on 8/13/11, 12:06 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

Filing a claim in the superior court might be a better way to go, because there is an attorneys fees provision in civil cases for wage violations which applies more pressure on the employer.

It's important to act timely, because of the statute of limitations that only allows to recover wages for 3 years and in some cases 4 years dating back from the day of filing a lawsuit.

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

335 Powell Street,14th Floor

San Francisco, CA 94102

Tel. (415) 291-0805

Fax. (415) 508-3474

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Answered on 8/13/11, 12:27 pm


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