Answers Posted By Linh Nguyen
Answer to Can my boss contact me on my days off?
Assuming you are not exempt from overtime, your employer must pay you for all time worked, including texts on your days off. He must also reimburse you if he requires you to use your own cell phone. You can file a wage claim with the Labor Commissioner or seek an attorney. It may also be wise to wait until you are no longer working there, but you can only claim wages going back 3 years and potentially 4 years (but you should consult an attorney). Good luck.posted Mar 12, 2019 09:14 AM [EST]
Answer to I have recently quit my job and have not received my paycheck, what should I do?
Private employers must pay you all wages due to you including earned vacation on your last day of work if you gave at least 72 hours notice of your separation. The payroll date is irrelevant. You should consult with an employment attorney immediately to assess the value of your case and your options for pursuing remedies. You are likely entitled to waiting time penalties equal to a full day's pay for each day they are late up to 30 days. You are also entitled to attorney's fees if you have to litigate your claims. Good luck.posted Sep 16, 2016 3:16 PM [EST]
Answer to Husband quit, vacation on books, paid then stop payment
In California, vacation is considered wages and are vested when earned. As such, the company should have paid your husband for the vacation within 72 hours after he quit or on the day he quit if he gave at least 72 hours notice. Your husband may be entitled to waiting time penalties for their failure to pay him his vacation. You should contact an employment attorney to discuss your options.posted Apr 6, 2015 10:56 AM [EST]
You may be entitled to what are called "waiting time" penalties if you were not paid all wages you were owed on the date you were fired. Waiting time penalties are calculated as the employees daily rate of pay times the number of days the employer is late with the payment up to a total of 30 days. And weekends count. Keep in mind that the employer may be excused if it has a legitimate defense such as a good faith dispute as to what is owed.
posted Mar 27, 2015 09:06 AM [EST]
posted Mar 27, 2015 09:06 AM [EST]
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