PLS HELP! I need legal advise from law students or anyone who might have helpful information..Sorry to post this under Free & For Sale cos i don't know any other place to post this. I got exploited from an employer for a part time job. Star Vacation is the Chinese travel agency company that hired me to fill in a tour guide position. However, we didn't sign anything. Melody is the one who called me; she's a family of the company owner and works there too. This is my third time filling up the tour guide position, it's a two-day ski trip. She pays me $200 dollars every time in cash without explaining to me how the pay works, so I asked her on 25th, the day we got back from the first trip this year. She told me I get paid 2 out of each 7 dollars from the tip(required amount of tip each day per
If you were hired to provide some form of labor for a company, you are likely an employee. As such, you must be paid no less than the current minimum wage you are on duty. If you work more than 8 hours in a workday, the employer must pay you overtime premiums, as well.
The fact that you have apparently not filled out a W-4 or I-9 form, which must be completed by all employees, suggests this employer does not report your wages and is likely not intending to comply with California wage laws. Thus, your eyes should be wide open to this employer. It would be foolish to accept any more assignments from this company.
It is not clear if the tips you reference were intended for you or another. If intended for you, it is yours and the employer cannot keep any portion of it. It is unlawful for management to keep tips intended for employees who provide a service to the public.
You may have some wage claims against this company. You should either consult with an employment law attorney in your area, or file a wage claim with the California Division of Labor Standards Enforcement, if you are not being paid what the law requires you to be paid.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
If you were hired as an employee, you must be paid the minimum wage for every hour that you work for this company. It is not acceptable to be paid on a portion of the tips only if the wages do not equal the minimum wage times the number of hours you are caused to work.
It seems clear this employer is not following the requirement of the Labor Code in several ways. It would be prudent for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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