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A program of the Mildred Rose Memorial Foundation, Inc., a 501(c)(3) non-profit California public benefit corporation
THE RIGHT OF A WAGEQUESTION: I left my job in September because I had not been paid since June. Several other workers have left and have gone to the Labor Board, which did nothing. Others have won judgments, but still have gotten nothing. What shall I do?
ANSWER: You should file a claim with the Labor Commissioner's office. An employer's willful failure to pay earned wages to employees is a serious matter under California law, carrying monetary and even criminal penalties in some cases. When you say that other employees went to the "Labor Board," I assume you mean the California Labor Commissioner. If they went to the National Labor Relations Board, that agency likely would have no jurisdiction over this type of claim. Also, you should understand that the Labor Commissioner's office cannot produce instant results, even on a valid claim. Typically, the office schedules an informal conference with the parties to determine whether the claim appears valid and to attempt to resolve it. If the claim is deemed valid and is not resolved, a formal hearing is scheduled. This may take another six months or more. Even then, the losing party may obtain a new hearing in Municipal Court.
The Labor Commissioner may have decided not to pursue the claims of some of your co-workers because the claims were invalid or because of a lack of jurisdiction. For example, the Labor Commissioner does not have jurisdiction over independent contractors. If the Commissioner finds that a claim has merit after a formal hearing, he issues an award in the employee's favor, which is the equivalent of a civil judgment. It will still be up to you to locate assets of the employer (a bank account, for example) that can be used to satisfy the Labor Commissioner's award in your favor. This may be difficult if the employer has gone out of business or has no money. You will have to evaluate if the amount of money at stake justifies this type of effort.
-James J. McDonald, Jr.
DISCLAIMER: This excerpt is from the Sunday, 1 February, 1998, issue of the Los Angeles Times, Orange County Edition, "Shop Talk" column in the Business section.(In a recent case in which an employer was charged with failing to pay his employees their wages, the employer was convicted of "slavery.") THE JUSTICE CENTER is an expert form preparation service, staffed by non-lawyer paralegals. As a non-profit community service, we offer qualified help to individuals in preparing their own paperwork, with over 20 years of experience. We assist individuals in informing themselves regarding their legal rights. Our services are all 100% unconditionally guaranteed. DISCLAIMER: The Justice Center does not give legal advice. This pamphlet is provided free of charge, as a public service for general informational purposes only. No warranty is made or implied. Persons with questions of law are encouraged to seek the advice of an attorney.THE JUSTICE CENTER(949) 240-8472"Everyone Deserves Justice" |
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