I recently get an offer from a consulate. According to the contract, it only pays 80% of the local minimum wage…This operation definitely violates our labor laws. However, the wage amount is lawful based on the labor laws of its sending country. If the consulate can be prosecuted, what kind of lawyers can handle diplomatic cases? Thanks.
Prosecution is something a DA does, not a private citizen. So, file a police report if you want prosecution.
Want to sue as an individual? If you didn't accept the job, you have no damages, required for any civil claim.
If you did accept the job, let me tell you suing a consulate or trade commission is not like suing a company. Since I represent several consulates and trade commissions, I decline to tell you how or why, but just to tell you that it is.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts...
I was going to tell you that a consulate is technically foreign soil, and thus, can argue that California's labor laws do not apply, but Mr. Doland's response makes me reconsider that notion. Anyway, since you didn't take the job, you cannot sue the consulate. However, you can report the violation to the San Francisco District Attorney, or the San Francisco City Attorney, or the California Attorney General's office, and ask them to utilize their powers under the California Unfair Competition Law. That said, most likely, they will note that their reach does not extend to foreign soil, but you never know.
While I am an attorney with over fifteen years of experience, until we sign a retainer agreement, I am not YOUR attorney. My postings are meant for informational purposes only, and DO NOT constitute legal advice, nor do they create an attorney-client relationship between us. As such, the question, my answer, and any comments left to my answer, are not protected by attorney-client privilege. Also, keep in mind that all legal claims have relevant statute of limitations, some of which can be very short. So, if you believe you need to hire an attorney, and need legal advice, seek out legal representation as soon as possible.
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