Get an attorney. Challenge service since you never signed for it. You can also consider taking the position you were an employee and the company is required to indemnify you for defending the action. Of course, that raises many other issues as well.
I am an owner of a company that performs background checks. Unlike most of our competition, we go to the court to review records and files. Let me tell you -- it won't show up. Juve records are sealed and background checking companies can't get at them. I wouldn't disclose it.
By the way, check the box on the form authorizing the background check. You can see what is reported. In addition, if the company finds something, it will contact you to determine whether or not it was you. You...
Jonathan and Neil have it correct. The wage order says a deduction can't be made crediting lodging against minimum wages unless there is a written agreement in place. And the Labor Code prohibits deuctions without an employee's written authorization.
You can get a lawyer to help you. Or you can go to the Labor Commissioner, who will bring the employer in and ask for an explanation. If the employer doesn't want to pay you correctly, the case will be set for a hearing (trial). If it's as...
This question was answered very specifically in a case published last week by the California Court of Appeal -- Gonzalez v. Downtown LA Motors, LP. You can read about it in my blog at www.CaliforniaHR.blogspot.com. You will be able to seek relief by going to the Labor Commissioner.
It could be gender discrimination. A better claim would be to demand reimbursement for expenses incurred. You are entitled to reimbursement. If the employer does not reimburse you, go to the Labor Commissioner and ask for reimbursement. You could also file a lawsuit, but that's a lot of work for reimbursement. Try the Labor Commissioner. That should do the trick.
The prior answer was right on with the issue of whether or not you were an independent contractor or an employee. Some other things you might consider. If you were an employee, the employer should have made payroll tax contributions on your behalf. You might also have been entitled to overtime, vacation benefits, and even retirement and health care benefits. This is something you might want to examine.
The other lawyers are correct. Don't sign the check. Of course, you won't get the check. Wait 30 days and then go to the Labor Commissioner and complain. You won't even need a lawyer to help you on this one. The Labor Commissioner will handle it for you.
You see, an employer must pay an employee all wages due at the time of termination. If it does not, it owes the employees a penalty, calculated at the employee's daily wage, for up to 30 days. This would get you an extra 30-days pay....
You have a tough issue to confront. It is not illegal to work more hours than you have recorded at work. You can ask your employer for the additional funds. Or you can ask the Labor Commissioner for help in obtaining those funds.
The difficulty arises with the "under the table" payment of wages. You and the company are required to pay payroll and income taxes based on the wages earned.
You presumably file a tax return each year. The return has a provision indicating that the...
An employee is exempt if (s)he passes the salary test and the duties test. Your question focuses on teh salary test. Salary means that you are paid a set amount each workweek regardless of the quality or quantity of work performed.
I don't think you can pass the duties test because it appears your compensation depends on the amount of time you work, or in other words, the quantity of work performed.
The good thing is that you are eligible for overtime.
The time card should accurately reflect the hours you worked. If the time card was modified and no longer accurately reflects the time you worked, you should notify the employer and ask for the additional pay for the work you performed.
Making this complaint will do two things. First, it will hopefully give you a chance to get paid for hours worked. Second, it puts you in a good position vis-a-vis your employer. I would call you an "untouchable." This means that it will be difficult...