Legal Question in Workers Comp in California

My employer has not been deducting SDI tax from my paycheck. I discovered this while applying for SDI. EDD replied to my claim that You have insufficient earnings in the disability/paid family leave base period to establish a Disability Insurance or Paid Family Leave claim. Who should be held accountable here?


Asked on 6/10/17, 6:06 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

THIS IS NOT A WORKERS COMP QUESTION. This is possibly an Employment Law question. That said, the answer is: It depends. If the employer's position is that you are an Independent Contractor and there are no deductions from the check, then you don't pay into EDD. If you ARE an employee, report the employer to the EDD, it will prosecute and order the employer to pay the money.

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Answered on 6/15/17, 11:47 am


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