Legal Question in Employment Law in California
working with out pay
I work as a painter for a company for last year. The owner never pay us on time for weeks which give him chance to skip a week once a while also I work 40 hours but he pay me only 30 hours. Now he did not pay me for 9 weeks and when I asked him he told me it is only 8 week and he said he will pay me 8 weeks the following day which he never show that day then he send me only one week check with my supervisor. What I should and what is my rights. He does that with every one but most of them afraid because they do not have a legal paper.
2 Answers from Attorneys
Re: working with out pay
Depending upon whether you are paid weekly or twice per month, your employer must either pay you within seven days of last date work was performed if paying weekly, or within 10 days if paying twice per month (if week ends the 15th, pay must be provided between the 16th and 26th.)
ALL HOURS WORKED MUST BE COMPENSATED. If you worked 40 hours, you should be paid 40 hours. You may need to file a grievance with the Division of Labor Standards Enforcement.
P.O. Box 420603
SF CA 94142 (415) 703-4810
Other offices are throughout the State under the Department of Industrial
Re: working with out pay
You should have your attorney help you file a wage claim with the Labor Commissioner, seeking all unpaid amounts, plus interest, penalties, and attorney fees if you win. You are also protected from retaliatory firing, and if fired you would have a wrongful termination suit. Call if interested in receiving help 714-960-7584
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